The opinion of the court was delivered by Employer, National Gypsum Co. (NGC), appeals
[244 Kan. 679]
the Barber County District Court's affirmance of a decision of
the Kansas Employment Security Board awarding unemployment
benefits to employee, Randell Porter. The district court found
that the employee's failure to pass a drug screen test did not
disqualify him from receiving unemployment benefits since the
failure to pass the test did not amount to "[w]illful and
intentional action which is substantially adverse to the
employer's interests" as required by K.S.A. 1988 Supp.
44-706(b)(1)(A) of the Kansas Employment Security Law, K.S.A.
44-701 et seq.
