Davis

Petitioner appeals from a judgment denying the issuance of a writ of mandate to compel the California Unemployment Insurance Appeals Board (respondent) to set aside its decision denying unemployment insurance benefits to petitioner.

After petitioner was discharged from her employment, the Department of Human Resources Development awarded her unemployment benefits. St. John’s Hospital appealed and a hearing was held. The referee at the conclusion of the hearing reversed the department on the basis that petitioner was disqualified for benefits under Unemployment Insurance Code section 1256. Petitioner’s writ of mandate was heard in superior court and judgment was entered in favor of respondent.

At the conclusion of trial the court made the following finding of fact: “Petitioner was aware of the medication policies of St. John’s Hospital at the time she administered medication to Mrs. Bishop, a female patient at the hospital on October 13, 1973. The medication was ordered by Dr. Jurgutis to be Demerol, 100 mgm., whenever necessary for pain, but petitioner wilfully violated these written orders and administered Demerol 50 mgm., rather than the 100 mgm. prescribed by the…