Ayersman v. Iowa Department of Job Service

The controlling question is whether substantial evidence supports an agency finding that there was misconduct on the part of the employee-claimant which justified his being fired. On judicial review of agency action the district eourt affirmed a denial of unemployment benefits. We agree.

Donald Ayersman was employed as a dispatcher for Heritage Communications, Inc. He is diabetic and claims to be an alcoholic. After previously being warned about drinking on the job he was seen going to his car during working hours, reaching under the seat, pulling a bottle in a sack out, and drinking from it.…