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Wednesday, December 16, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 3 NFP memorandum decision(s))

For publication opinions today (2):

In Circle Health Partners, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development , a 13-page opinion, Judge May writes:

Circle Health Partners, Inc., (“CHP”) appeals the decision of the Liability Administrative Law Judge (“LALJ”) that certain workers were employees of CHP, rather than independent contractors, such that CHP’s payments to those workers were “wages” as defined in Ind. Code § 22-4-4-2 for which CHP was liable to the State of Indiana for additional unemployment taxes. * * *

Circle Health argues the LALJ erred by determining the nurses and phlebotomists are employees of CHP within the meaning of Ind. Code § 22-4-8-1. * * *

As a business must meet all three of the factors in Ind. Code § 22-4-8-1 in order to prove a worker is not an employee, CHP’s inability to prove the LALJ erred as to the first factor is sufficient to require us to affirm the LALJ’s decision. * * *

The evidence supports the LALJ’s findings, and those findings support the LALJ’s conclusion “the nurses and phlebotomists at issue were not free from direction and control in contract and in fact.” (App. at 20.) Accordingly, we affirm.

In Scott Alan Stibbins, individually and as Personal Rep. of the Estate of Warren E. Stibbins, and Trustee of the Warren E. Stibbins Revocable Trust, et al. v. Carol (Stibbins) Pagano Foster, et al., a brief opinion on rehearing, Judge Baker writes:
The appellants have filed a petition for rehearing, raising a number of arguments with respect to our opinion in this case. We grant the petition for the limited purpose of striking the final sentence of footnote two * * * In all other respects, we deny the petition for rehearing.
NFP civil decisions today (1):

In the Matter of the Term. of the Parent-Child Relationship of S.H. (child) and M.H. (father) and C.H. (Mother); M.H., and C.H. v. The Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (2):

T.M.J. v. State of Indiana (mem. dec.)

De'Auntaye White v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on December 16, 2015 11:09 AM
Posted to Ind. App.Ct. Decisions