Sharp v. Employment Appeal Board

479 N.W.2d 280, 1991 Iowa Sup. LEXIS 473, 1991 WL 276092
CourtSupreme Court of Iowa
DecidedDecember 24, 1991
Docket90-1923
StatusPublished
Cited by12 cases

This text of 479 N.W.2d 280 (Sharp v. Employment Appeal Board) 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
Sharp v. Employment Appeal Board, 479 N.W.2d 280, 1991 Iowa Sup. LEXIS 473, 1991 WL 276092 (iowa 1991).

Opinion

ANDREASEN, Justice.

In this case we are asked to determine if Gwendolyn K. Sharp is entitled to unemployment benefits because of her separation from her employer, Pak Fabricators, Inc. (Pak). On the advice of a doctor, Sharp left her position as a meat cutter in a turkey processing plant. The dispositive question presented is whether her leaving was voluntary or involuntary. If Sharp left her position voluntarily without good cause attributable to her employer then unemployment compensation is not warranted. However, if Sharp left her employment involuntarily, then an award of unemployment compensation is warranted. The district court affirmed the commission’s denial of benefits. For the following reasons we reverse the district court and remand to the agency for determination of benefits.

I. Background Facts and Procedure.

In late December 1989, Sharp began working as a meat cutter for Pak in Sioux City, Iowa. On January 5, 1990, Sharp visited a doctor for a regular medical examination. At that time, the doctor diagnosed her as jaundiced. Sharp telephoned her supervisor and informed her that she was being admitted to the hospital and was to see a specialist on January 10. Sharp’s supervisor told her to bring a doctor’s slip when she returned to work.

The jaundice symptom turned out to be the result of viral hepatitis. Apparently, Sharp did not contract the hepatitis infection while she was working at Pak. As part of Sharp’s diagnoses and treatment, the doctor specifically directed that she not work with food or cleaning solvents. Where there is a known case of viral hepatitis in a community, preventive measures include the exclusion of potentially infected persons from handling food. Sharp claims that due to these directions she did not return to work.

Sharp did not call her supervisor to tell her the result of the January 10 examination. On January 12, 1990, Pak terminated Sharp’s employment because she did not report or call on either January 10, 11, or 12. According to Pak’s personnel assistant, Kathy Peterson, the Pak employee handbook classifies “three days with no call, no show” as job abandonment. Later, Sharp went to Pak to return her equipment and collect her back paychecks. At this time she found out that her employment had been terminated by the company. Sharp contends that she was not terminated but rather quit her employment on January 10 on the advice of her doctor.

Sharp applied for, and received, unemployment benefits. The Job Service decision that granted her benefits concluded that Sharp left her employment upon the advice of a physician because of an illness or allergy condition that was attributable to her employment. The decision concluded her leaving was not voluntary, but for good cause attributable to the employer and no disqualification from benefits was imposed. See Iowa Code § 96.5(1) (1989); 345 Iowa Admin.Code 4.26(6)(b) (1988). Pak appealed the Job Service decision.

The appeal was heard by an administrative law judge (AU) in a contested case hearing. The AU issued an initial decision that was later amended. The AU reversed the decision of Job Service and denied benefits. The AU made findings of fact that Sharp would be required to avoid exposure to chemicals and that if she were to contin *282 ue work she “might imperil the employer’s operations.” The AU then reasoned and concluded:

[T]he claimant’s illness was in no way “attributable” to the employment. The claimant’s ailment was due to circumstances totally beyond the control of the employer and not contributed to by the employer. Although the claimant was required to avoid exposure to chemicals used in the employer’s operation, the fact that the claimant’s condition might have been affected by such chemicals does not make the claimant’s illness, in itself, “attributable to the employment.” As a result the claimant’s quit does not come within the regulation and disqualifies the claimant from benefits.

The AU directed that the payments made to Sharp in the amount of $960, based on the initial Job Service decision, be recovered.

Sharp appealed the AU’s decision to the Employment Appeal Board (board). The board affirmed the AU and incorporated the AU’s entire decision. Sharp petitioned the board for a rehearing, stating that she did not work with chemicals or cleaning solvents at Pak. She argued that the AU’s decision was not based on evidence in the record. The board denied her request for rehearing. Sharp then sought judicial review in the district court. Iowa Code § 17A.19.

The district court affirmed the denial of benefits. However, the court affirmed the denial on grounds other than those stated in the conclusions of law portion of the AU’s decision. The court noted that:

There is no evidence petitioner’s illness was affected by chemicals at work. In her request for rehearing the Petitioner stated she was not at the time having anything to do with cleaning solvents .... [S]ince there is no substantial evidence that anything in the Petitioner’s work environment affected the Petitioner’s condition, the Administrative Law Judge could not have so found.

Rather, the district court picked up on the AU’s finding of fact that Sharp’s continued employment “might imperil the employer’s operations.” The court concluded because Sharp had been directed by a physician not to work around food and because her hepatitis was not “attributable to her employer” she was not entitled to compensation.

Because we conclude that under this record Sharp did not voluntarily quit her employment for purposes of unemployment compensation, we reverse the decision of the district court and remand the case to Job Service for the determination of benefits.

II. Scope of Review.

This is an appeal from an agency decision in a contested case. Iowa Code § 17A.2(2). In contested case proceedings, the agency, rather than the district court, is empowered to hear evidence and make findings of fact and conclusions of law. Iowa Code § 17A. 19(7). The district court, when exercising the power of judicial review over agency action, is functioning in an appellate capacity to correct errors at law. Iowa Code § 17A.19(8). We, like the district court, are bound by the agency’s findings of fact if those findings are supported by substantial evidence. We are not, however, bound by the agency’s legal conclusions but may correct misapplications of the law. Dehmel v. Employment Appeal Bd., 433 N.W.2d 700, 701 (Iowa 1988). Under this limited scope of review, we review the administrative record and decision.

III. Voluntary vs. Involuntary Quit.

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479 N.W.2d 280, 1991 Iowa Sup. LEXIS 473, 1991 WL 276092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharp-v-employment-appeal-board-iowa-1991.