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DIETZ v. MINIDOKA COUNTY HIGHWAY DIST.

No. 21492.

899 P.2d 956 (1995)

127 Idaho 246

Ron L. DIETZ, SSN XXXX-XX-5195, Claimant-Respondent, v. MINIDOKA COUNTY HIGHWAY DISTRICT, Employer-Appellant, and State of Idaho, Department of Employment, Defendant-Respondent.

Supreme Court of Idaho. Twin Falls, March 1995 Term.

June 13, 1995.

Attorney(s) appearing for the Case

Goodman & Bollar, Rupert, for employer-appellant. Alan C. Goodman argued.

Donald R. Workman, Burley, for claimant-respondent, Ron L. Dietz.

Alan G. Lance, Atty. Gen., Jane M. Newby, Deputy Atty. Gen., Boise, for defendant-respondent, State of Idaho, Dept. of Health & Welfare. Jane M. Newby argued.

JOHNSON, Justice.

This is an unemployment benefits case. We vacate the award of unemployment benefits and remand the case to the Industrial Commission for consideration of all three grounds for determining whether the claimant was guilty of misconduct. We also conclude that the Commission was not required to strike the claimant's letter requesting review.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Ron L. Dietz was employed by Minidoka highway...

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