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Gilmore v. Employment Appeal Board11/15/2004
The petitioner appeals from the district court's ruling on judicial review affirming the decision of the Employment Appeal Board that he was not entitled to unemployment benefits. AFFIRMED.
I. Background Facts & Proceedings
Matthew Gilmore is employed as an emergency medical technician for Fraser Transportation Services, L.L.C., a private ambulance service. On December 14, 2002, Gilmore fractured his foot while off-duty. He notified Fraser of his injury. On December 16, 2002, he was given medical restrictions that he should have a non-driving job and may need to wear a splint or cast. Fraser informed Gilmore it did not have any jobs available which would meet his medical restrictions. Gilmore received no pay after about December 21, 2002.
On December 22, 2002, Gilmore applied for unemployment benefits, and his request was granted. Fraser requested a hearing. In the meantime, on January 23, 2003, Gilmore received an additional medical restriction which limited him from lifting more than ten pounds. Fraser still did not have any jobs which would meet Gilmore's medical restrictions. On March 6, 2003, Gilmore received a medical release to return to full-duty work. The parties anticipated Gilmore would be able to return to his employment with Fraser.
An administrative hearing was held on March 7, 2003. The administrative law judge (ALJ) found Gilmore was not able and available for work within the meaning of Iowa Code section 96.4(3) (2003). The ALJ determined Gilmore was on a medical leave of absence from the date of his injury until he was fully released to return to work. The ALJ additionally found Gilmore had temporarily voluntarily quit his employment by suffering an injury outside of work. The ALJ's decision was affirmed by the Employment Appeal Board.
Gilmore filed a petition for judicial review. The district court determined the Board had correctly concluded Gilmore was not entitled to unemployment benefits. Gilmore appeals.
II. Standard of Review
The Administrative Procedure Act, Iowa Code chapter 17A, governs our review of cases involving unemployment benefits. Titan Tire Corp. v. Employment Appeal Bd., 641 N.W.2d 752, 754 (Iowa 2002). We review for the correction of errors at law, not de novo. Id. at 754-55. If the agency's findings of fact are supported by substantial evidence, those findings are binding on judicial review. PanDa Eng'g v. Eng'g & Land Surveying Examining Bd., 621 N.W.2d 196, 198 (Iowa 2001). In determining whether substantial evidence exists, we consider all of the evidence, including that offered in opposition to the agency's findings. Burns v. Iowa Bd. of Nursing, 495 N.W.2d 698, 699 (Iowa 1993).
III. Voluntary Quit
Section 96.5(1) provides an employee will be disqualified from unemployment benefits if the employee "left work voluntarily without good cause attributable to the individual's employer . . . ." Section 96.5(1) has been interpreted to provide that voluntary quitting is not attributable to an employer if it is caused by an illness or injury not connected to the employment. Shontz v. Iowa Employment Sec. Comm'n, 248 N.W.2d 88, 91 (Iowa 1976). " nsofar as the Employment Security Law is not designed to provide health and disability insurance, only those employees who experience illness-induced separations that can fairly be attributed to the employer are properly eligible for unemployment benefits." White v. Employment Appeal Bd., 487 N.W.2d 342, 345 (Iowa 1992) (citing Butts v. Iowa Dep't of Job Serv., 328 N.W.2d 515, 517 (Iowa 1983)).
The statute provides an exception where:
The individual left employment because of illness
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