(dissenting).
I believe the agency properly denied benefits to this claimant, albeit for the wrong reason, and should be affirmed. I agree with the majority that she did not voluntarily quit, but I do not agree that she was fired. The claims deputy concluded that Wills was not able and available for work, Iowa Code § 96.4(3), because she could not do the work. I believe that finding was correct. She worked for a convalescent home, and a large part of her job was lifting patients. Because Wills was restricted by her doctor to a twenty-five pound weight-lifting maximum, she could no longer lift patients.
This employer had a policy, dating from 1986, which provided that employees with weight restrictions could not be employed. The reason for the rule was that it had caused tension among the staff when all patient-lifting duties were shifted to other employees.
In this case, the claims deputy concluded that Wills was, under this employment rule, not able and available for work and denied benefits. On review of that decision, the hearing officer affirmed the denial of benefits — but on a different ground— that she had voluntarily quit. I believe that this was erroneous and that the hearing officer’s conclusion was unsupported by the evidence. On the other hand, the hearing officer’s conclusion that she was able to work and available for work was an error of law. A proper application of section 96.4(3) would require a finding as a matter of law that she was not able and available for work, because she does not even contend that she was able to perform the duties in compliance with the employer’s rules.
I would affirm the agency and the district court and deny benefits.