Geiken v. Lutheran Home for the Aged Ass'n

468 N.W.2d 223, 1991 Iowa Sup. LEXIS 71, 1991 WL 58341
CourtSupreme Court of Iowa
DecidedApril 17, 1991
Docket90-525
StatusPublished
Cited by10 cases

This text of 468 N.W.2d 223 (Geiken v. Lutheran Home for the Aged Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geiken v. Lutheran Home for the Aged Ass'n, 468 N.W.2d 223, 1991 Iowa Sup. LEXIS 71, 1991 WL 58341 (iowa 1991).

Opinion

SCHULTZ, Justice.

In this appeal we must determine whether the Employment Appeal Board properly denied a claimant unemployment benefits on the ground that she was not able to work within the meaning of Iowa Code section 96.4(3). 1 Claimant Greta L. Geiken was employed by Lutheran Home for the Aged Association (Lutheran Home) as a secretary. In March 1989, claimant seriously broke her arm in a nonwork-related accident. Lutheran Home granted claimant a medical leave of absence for eight weeks pursuant to its employment policy. Claimant offered to return to work on April 23. At that time she was required to wear an ulnar wrist splint. Lutheran Home refused claimant’s offer on the basis that she could not fulfill the essential duties of her secretarial position.

*225 Claimant promptly filed for unemployment benefits. Lutheran Home protested the claim. A claims deputy denied the claim, stating that Geiken was disqualified from receiving benefits because she was unable to perform work due to her injury. Claimant appealed and was granted an evi-dentiary hearing before an administrative law judge (A.L.J.). A portion of the law judge’s findings are as follows:

The claimant is required to wear a brace and is unable to use the right hand without the brace. The claimant is right-handed. The claimant is unable to lift her fingers without the use of the brace, which lifts the fingers on the right hand by the use of rubber bands. The claimant, however, is able to move the fingers in a downward motion, which would be similar to that required in the operation of a typewriter.... By observing the claimant during the administrative hearing, it is concluded that the claimant can only operate the necessary office machinery minimally, and the operation of the office machinery has been reduced to such an extent that the claimant cannot be considered as a part of the labor market with respect to office work. The claimant possesses no other particular skills which would attach the claimant to the labor market.

As a part of its conclusions of law, the A.L.J. stated:

The law provides that an individual must be able to work to be eligible for benefits. This means that the individual must be physically able to work, not necessarily in the individual’s customary occupation but able to work in some reasonably suitable, comparable, gainful, full-time endeavor, other than self-employment, which is generally available in the labor market in which the individual resides. Iowa Administrative Code section 345-4.22(l)b.

The A.L.J., concluding that claimant did not have the ability to work, denied benefits. The Employment Appeal Board (Board) adopted and incorporated by reference the decision of the A.L.J. with the exception of the addition of Hedges v. Iowa Department of Job Service, 368 N.W.2d 862 (Iowa App.1985), as authority for the A.L.J.’s decision. The A.L.J., the Board, and the district court on judicial review all denied Geiken’s claim based on the same disqualification, that is, claimant’s failure to “meet the'availability requirements with respect to the ability to work.”

A final decision of an agency includes findings of fact. Iowa Code § 17A.16(1). Judicial review by the district court and our appellate review of an agency’s decision is limited to at law and not de novo review. Roberts v. Iowa Dep 't of Job Serv., 356 N.W.2d 218, 221 (Iowa 1984). Thus, we are bound by the Board’s findings of fact if supported by substantial evidence. Id.

The rule governing eligibility for unemployment benefits states: “The claimant has the burden of proving that the claimant meets the basic eligibility conditions of section 96.4.” Iowa Code § 96.6(2). One of these basic eligibility conditions is that the claimant “is able to work....” Iowa Code § 96.4(3). On appeal, claimant raises issues concerning the proper application of the “able to work” standards in section 96.4(3) and the assessment of court costs. We address these issues in turn.

I. Able to work. The parties do not dispute the standards applied in determining a claimant’s ability to work. The applicable standards are further defined in agency rule 345-4.22(1)(b) as follows:

An individual must be physically and mentally able to work in some gainful employment, not necessarily in the individual’s customary occupation, but which is engaged in by others as a means of livelihood.
b. Interpretation of ability to work. The law provides that an individual must be able to work to be eligible for benefits. This means that the individual must be physically able to work, not necessarily in the individual’s customary occupation, but able to work in some reasonably suitable, comparable, gainful, full-time endeavor, generally available in *226 the labor market in which the individual resides.

Iowa Code section 96.4(3) generally addresses the “able to work” requirement. The agency rule specifies that the ability to work is judged not only on the individual’s customary occupation, but also on the availability of other suitable employment in the relevant labor market.

Claimant maintains that both the agency and district court failed to consider the availability of other employment in the labor market in which she resides. This contention has no merit. Even though claimant’s doctor approved her return to work, claimant did not produce any evidence of other available jobs that she could perform within the labor market. Thus, claimant failed to meet the burden of proving her ability to work in a comparable job in the relevant labor market.

The A.L.J. found that claimant lacked the physical ability to return to her customary employment. The A.L.J. had the opportunity to closely observe claimant’s physical abilities before reaching this conclusion. Before concluding that claimant did not “meet the availability requirements with respect to the ability to work,” the A.L.J. also considered other suitable and comparable endeavors. We conclude that substantial evidence in the record supports the A.L.J.’s findings and conclusion that claimant’s physical condition prevented her from doing either her customary work or other suitable work in the labor market in which she resides.

Claimant also argues that the Board, in determining her ability to return to employment and her eligibility for unemployment benefits, improperly applied the voluntary quit requirement of full recovery found in Iowa Code section 96.5 in disqualifying her from receiving unemployment benefits. As previously noted, the Board cited Hedges v. Iowa Department of Job Service,

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734 N.W.2d 480 (Supreme Court of Iowa, 2007)
Coleman v. MISSISSIPPI EMP. SEC. COM'N
662 So. 2d 626 (Mississippi Supreme Court, 1995)
Savage v. EMPLOYMENT APPEAL BD.(EAB)
529 N.W.2d 640 (Court of Appeals of Iowa, 1995)
Sierra v. Employment Appeal Board
508 N.W.2d 719 (Supreme Court of Iowa, 1993)
Cobb v. Employment Appeal Board
506 N.W.2d 445 (Supreme Court of Iowa, 1993)

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468 N.W.2d 223, 1991 Iowa Sup. LEXIS 71, 1991 WL 58341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geiken-v-lutheran-home-for-the-aged-assn-iowa-1991.