To be fair to the woman and her lawyer Bruce Perrone, appealing the unemployment board's ruling to the state Supreme Court made perfect sense.
After all, in the past justices have approved unemployment compensation for employees who were fired for not showing up for work when it snowed.
And then there is the classic case of the high court ordering the state to pay unemployment benefits to employees who are on strike, a precedent that remains on the books.
Given the record of the Supreme Court, seeking unemployment compensation after being fired for sleeping on the job was logical.
As reported in the West Virginia Record, Keithann Widner worked as a coder for Charleston Area Medical Center from July 2, 2007, until Oct. 28, 2010, when she was terminated for sleeping on the job and gross misconduct.
Hospital officials fired her after three written warnings for falling asleep on the job in July 2010, for failing to follow CAMC's core values in September 2010, and for a billing mistake in October 2010.
Subsequently, Widner sought unemployment compensation from the state on Nov. 15, 2010, but when the state turned her down, she appealed to the Kanawha Circuit Court, which also turned her down.
In appealing to the highest court of the state, Widner claimed, among other things, "CAMC failed to prove that her conduct fell within the appropriate disqualification provision."
Unless she were a mattress tester, it is difficult to imagine a situation where falling asleep would not cost a person her job.
In a unanimous decision, the five justices upheld the circuit court ruling.
The ruling shows that slowly, over the years, voters have elected justices who serve all the people, not just a few who abuse state-run programs designed to help people who need help.
Chief Justice Brent Benjamin - the first Republican chief in eight decades - and Justices Robin Jean Davis, Margaret Workman, Menis Ketchum and Allen Loughry II have made a difference.
Perhaps business groups will notice that West Virginians are filling in their judicial hellhole with judges and justices who are fair to all parties.