Diggs v. Employment Appeal Board

I respectfully dissent. My main disagreement with the majority opinion is with its application of the standard of review. In reversing, the majority makes a de novo review of the facts and then decides differently from those made by the agency. This de novo standard of review is incorrect in these cases. See Meyer v. Employment Appeal Board, 441 N.W.2d 766, 767 (Iowa 1989).

The sole question for the court is whether substantial evidence supports the administrative law judge’s decision the claimant’s actions constituted disqualifying misconduct. The agency decision is supported by substantial…