Silva

Appellant petitioned the Superior Court of the City and County of San Francisco, under Code of Civil Procedure section 1094.5, for mandamus to review a decision by respondent California Unemployment Insurance Appeals Board (hereinafter “board”) holding that appellant was discharged from his employment for misconduct under Unemployment Insurance Code section 1256 and was not entitled to unemployment benefits. The evidence adduced at the referee's hearing may be briefly summarized as follows:

At a time when appellant was being trained for new and unfamiliar work at his place of employment, he became nervous and frustrated and either “blew up” or felt he was “going to blow up.” He left work without permission from anyone in authority in midafternoon before the end of the shift. He had been seeing a psychologist because of emotional problems and shortly after the incident in question was referred to a psychiatrist for out-patient psychotherapy. His employer’s president and active manager of the shop, William Hints, was aware of the emotional problem and had given appellant extra consideration on that account. The following morning Hints spoke to appellant about the…