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Appellate court reverses ALJ in unemployment claim

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The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.

In Delbert Conklin v. Review Board of the Indiana Department of Workforce Development and Carter Express, Inc., No. 93A02-1109-EX-864, Delbert Conklin appealed a finding by an administrative law judge that he was ineligible for unemployment benefits. Conklin was a truck driver for Carter Express when on May 24, 2011, he blacked out while driving, veering off the road and damaging the truck and its contents. He awoke in time to avoid hitting trees by the side of the road, and no evidence was presented to explain why he lost consciousness. He has no prior record of a similar event and no evidence suggests he was under the influence of drugs or alcohol.

Carter terminated Conklin, and initially, a claims deputy held Conklin was entitled to unemployment benefits. But Carter appealed, and an ALJ held that Conklin was an “imminent safety hazard” and therefore not entitled to unemployment benefits.  

The COA reversed that decision, holding that Carter was not obligated to continue Conklin’s employment, and the record contains no evidence that the blackout was his fault. Therefore, Conklin did not breach a duty to Carter in the statutory sense and is eligible for unemployment benefits.




 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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