Avery v. B & B RENTAL TOILETS

BEEBE, District Judge.

This is an appeal from an order of the Industrial Commission denying unemployment insurance benefits to claimant-appellant William Avery (hereinafter appellant) on the ground that he was discharged from employment for insubordination constituting misconduct. As then applicable, I.C. § 72-1366 provided in pertinent part:

“Personal eligibility conditions. — The personal eligibility conditions of a benefit claimant are that — (f) His unemployment is not due to the fact that he . was discharged for misconduct in connection with his employment.” 1

Appellant’s argument on appeal…