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Thursday, June 16, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)

For publication opinions today (1):

In T.R. v. Review Board , an 11-page opinion with a pro se appellant, Chief Judge Robb writes:

T.R. appeals pro se the decision by the Indiana Department of Workforce Development Review Board (“Review Board”) affirming the finding by the Administrative Law Judge (“ALJ”) that T.R. left her employment without good cause, thereby terminating her unemployment benefits. T.R. raises two issues which we restate as whether she was denied due process, and whether the ALJ’s finding that T.R. voluntarily left her employment without good cause is supported by the evidence. Concluding that T.R. was afforded due process and the ALJ’s findings are supported by the evidence, we affirm. * * *

The issue of due process in unemployment benefits cases often arises when one party alleges inadequate notice of a hearing, but the case before us is quite different. T.R. acknowledges having received actual notice and instead argues she was denied due process because she was not called to participate in the hearing – the ALJ stated T.R. failed to return her participation sheet, which would have contained her phone number. T.R. contends that a postal service error led to her failure to return the participation sheet. She does not explain what this error was or possibly could have been if she knows, but insists she mailed it in and notes that when she did not receive a phone call at the scheduled time for the hearing she called the DWD immediately, in an attempt to connect to the hearing if it were already in progress.

NFP civil opinions today (0):

NFP criminal opinions today (7):

Luciano Torres v. State of Indiana (NFP)

Ralph L. Smith v. State of Indiana (NFP)

Eric Bell v. State of Indiana (NFP)

Brandon Livers v. State of Indiana (NFP)

Michael E. Cooper v. State of Indiana (NFP)

Kathleen M. Brockman v. State of Indiana (NFP)

Douglas Boston v. State of Indiana (NFP)

Posted by Marcia Oddi on June 16, 2011 10:40 AM
Posted to Ind. App.Ct. Decisions