Vendx Marketing Co. v. Department of Employment

JOHNSON, Justice,

dissenting.

I dissent from the Court’s opinion. In my view, the opinion conflicts with the opinion of the Court in Darner v. Southeast Idaho In-Home Services, 122 Idaho 897, 841 P.2d 427, issued concurrently with the opinion in this case. In Darner, after rejecting one of the evidentiary grounds for the Commission’s decision, the Court considers alternative evidence for upholding the Commission’s decision under the substantial and competent evidence standard. In this case, after rejecting one of the evidentiary grounds for the Commission’s decision, the Court vacates the Commission’s decision, even though there is other substantial and competent evidence to support the Commission’s decision. I am unable to accept this lack of consistency. Therefore, I dissent in this case, and concur in the result in Darner.