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REPORTED

IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 01463 September Term, 2004

DEPARTMENT OF LABOR, LICENSING AND REGULATION v. HENRY S. BOARDLEY

Salmon, Meredith, Moylan, Charles E., Jr., (Ret., Specially Assigned),

JJ.

Opinion by Meredith, J. ___________________________________ Filed: September 20, 2005

Henry S. Boardley, appellee, applied for unemployment benefits after he was fired by his employer, Dimensions Health Corporation ("Dimensions"), for threatening a supervisor. When Dimensions

contested Boardley's request for benefits, the Department of Labor, Licensing and Regulation ("DLLR"), appellant, held a hearing. The

hearing examiner found that Boardley had been terminated for "gross misconduct," as defined in Md. Code (1991, 1999 Rep. Vol.), Labor and Employment Article ("L.E."),

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Maryland Law