Lang v. Ustick Dental Office, P.A.

817 P.2d 1069, 120 Idaho 545, 1991 Ida. LEXIS 149
CourtIdaho Supreme Court
DecidedSeptember 9, 1991
Docket17342
StatusPublished
Cited by8 cases

This text of 817 P.2d 1069 (Lang v. Ustick Dental Office, P.A.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lang v. Ustick Dental Office, P.A., 817 P.2d 1069, 120 Idaho 545, 1991 Ida. LEXIS 149 (Idaho 1991).

Opinions

BOYLE, Justice.

This case involves an appeal from a decision of the Industrial Commission which denied unemployment compensation to Debra Ann Lang. An appeals examiner for the Department of Employment found Lang had been discharged for misconduct and denied her claim for unemployment compensation benefits. The Industrial [546]*546Commission conducted a de novo review of the record pursuant to I.C. § 72-1368(g), and no additional evidence was admitted. The Commission held that claimant was not entitled to unemployment compensation benefits because she had been discharged for misconduct. We affirm.

I.

FACTS

Lang was employed by the Ustick Dental Office as an office manager. Her primary duties entailed collecting accounts receivable and supervising the office staff. Lang was discharged from her employment on January 27, 1987, and thereafter filed for unemployment compensation benefits. In opposing Lang’s claim for benefits, the employer asserted that claimant was discharged for employment related misconduct. The Department of Employment appeals examiner agreed and denied Lang’s claim for unemployment compensation benefits. After de novo review on appeal the Industrial Commission made factual findings based on the record and likewise denied Lang’s claim for unemployment benefits. The Commission found:

It appears that the Claimant’s work was satisfactory to the two dentists who operated Ustick Dental Office until the fall of 1986.
II
In September, October and November of 1986 Claimant and her employers were negotiating a change in her compensation. Claimant was dissatisfied with the proposals made by her employers. No agreement was reached between them. She rejected the final proposal by written rejection, making it clear that she was dissatisfied with the proposal and indicating that she may not continue her employment. She did, however, continue to work for the Employers but she did not receive the compensation she desired.
III
Subsequent to the unsatisfactory resolution of the negotiations, the Employers became dissatisfied with the Claimant’s work performance. Several patients were lost due to the Claimant’s abrasive personal contacts with the patients. She called patients at their places of employment, though she was asked not to do so. She was rude to one patient in connection with an insurance claim and also rude to that patient’s supervisor who was, incidentally, also a patient at the dental office. Dr. Reynolds, one of Claimant’s employers, began to receive complaints.
IV
Written complaints were sent by patients to the dental office. These complaints were intercepted by Claimant and not shown to Dr. Reynolds. Dr. Reynolds also received complaints from employees whom Claimant supervised concerning Claimant’s treatment of them.

R., pp. 51-52. The Commission concluded Lang was ineligible for unemployment benefits because,

Claimant’s conduct was in some respects willful and intentional. Even if it was not, however, it was clearly a disregard of the standards of behavior which the employer has the right to expect of its employees. Employer’s expectations in this ease were objectively reasonable and Claimant’s conduct fell below that standard.

R., at 53.

II.

STANDARD OF JUDICIAL REVIEW

This Court’s review of Industrial Commission decisions is limited by the Idaho Constitution and our prior cases which limit review only to questions of law. Idaho Constitution, art. 5 § 9; Jensen v. Siemsen, 118 Idaho 1, 794 P.2d 271 (1990); Spruell v. Allied Meadows Corp., 117 Idaho 277, 787 P.2d 263 (1990); Puckett v. Idaho Dept. of Corrections, 107 Idaho 1022, 695 P.2d 407 (1985); Parker v. St. Maries Plywood, 101 Idaho 415, 614 P.2d 955 (1980); Harris v. Green Tree, Inc., 100 Idaho 227, 596 P.2d 99 (1979); Simmons v. [547]*547Department of Employment, 99 Idaho 290, 581 P.2d 336 (1978); Booth v. City of Burley, 99 Idaho 229, 580 P.2d 75 (1978); Hutchinson v. J.R. Simplot Co., 98 Idaho 346, 563 P.2d 404 (1977). Further, our review in cases involving factual disputes is restricted to determining whether findings of fact by the Industrial Commission are supported by substantial and competent evidence in the record. Jensen v. Siemsen, 118 Idaho 1, 794 P.2d 271 (1990); Spruell v. Allied Meadows Corp., 117 Idaho 277, 787 P.2d 263 (1990); Burnside v. Gate City Steel Corp., 112 Idaho 1040, 739 P.2d 339 (1987); Ullrich v. Thorpe Elec., 109 Idaho 820, 712 P.2d 521 (1985); Booth v. City of Burley, 99 Idaho 229, 580 P.2d 75 (1978). As we recently reaffirmed in Spruell and Jensen, quoting from Booth v. City of Burley, we decline to “independently adopt findings of fact at variance with those of the Industrial Commission where such findings are supported by substantial and competent evidence in the record. Pri- or decisions suggesting a contrary result are, to this extent, hereby expressly overruled.” 99 Idaho at 232, 580 P.2d at 78. Similarly, where the factual findings of the Industrial Commission are sustained by substantial and competent, though conflicting evidence, they will not be reversed on appeal. Jensen v. Siemsen, 118 Idaho 1, 794 P.2d 271 (1990); Spruell v. Allied Meadows Corp., 117 Idaho 277, 787 P.2d 263 (1990); Kyle v. Beco Corp., 109 Idaho 267, 707 P.2d 378 (1985); Wood v. Quali-Dent Dental Clinics, 107 Idaho 1020, 695 P.2d 405 (1985); Cornwell v. Kootenai County Sheriff 106 Idaho 823, 683 P.2d 859 (1984). It is well established that we will defer to the findings of the Industrial Commission when those findings are supported by substantial and competent evidence. Idaho Constitution art. 5 § 9; Spruell v. Allied Meadows Corp., 117 Idaho 277, 787 P.2d 263 (1990); Guillard v. Department of Employment, 100 Idaho 647, 603 P.2d 981 (1979).

The Industrial Commission’s responsibility and scope of review in employment matters is set forth in I.C. § 72-1368(g) which provides in pertinent part:

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Bluebook (online)
817 P.2d 1069, 120 Idaho 545, 1991 Ida. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lang-v-ustick-dental-office-pa-idaho-1991.