ILNews

Court rules on unemployment benefits case

Jennifer Nelson
January 1, 2007
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Individuals who voluntarily quit a job in order to take care of a physically disabled relative are not entitled to unemployment benefits, the Indiana Court of Appeals ruled today.

In Mildred Whiteside v. Indiana Department of Workforce Development, Unemployment Insurance Review Board and Division of Family & Children, 93A02-0703-EX-229, Whiteside appealed the decision of the Review Board of the Indiana Department of Workforce Development to deny her claim for unemployment benefits, saying the denial was contrary to Indiana law.

Whiteside was a full-time employee at the Indiana Division of Family & Children and voluntarily left her job in September 2006 to provide care for her quadriplegic son. She requested and was denied family medical leave because she had not worked the required 1,250 hours in the previous 12 months. She had previously used FMLA leave to assist in her son's rehabilitation. After she resigned, Whiteside filed for unemployment benefits, which both the Indiana Department of Workforce Development and an administrative law judge denied. The administrative law judge concluded Whiteside voluntarily left her job without good cause in connection to her work. Whiteside appealed, and the Review Board affirmed the judge's decision.

In question in this appeal is whether Indiana Code Section 22-4-15-1(c)(2) applies to Whitehead in granting her unemployment benefits for taking care of her disabled son. Whitehead argues that one of the exclusions for physical disability in the statute applies to her ability to receive unemployment benefits. The section states "An individual whose unemployment is the result of medically substantiated physical disability and who is involuntary unemployed after having made reasonable efforts to maintain the employment relationship shall not be subject to the disqualification under this section for such separation."

The Court of Appeals, while commending Whitehead for leaving her job to take care of her son, affirmed the denial of her unemployment benefits, stating the Indiana Code section in question only applies to an individual with a disability, not to a family member. The language of the code does not include anything to indicate the disability of anyone other than the claimant should be considered. Under Whitehead's interpretation of the statute, people with ailing parents, siblings, children, spouses, and other dependents would be able to receive unemployment benefits, which is not the intended result of the statute.

Because Whitehead was not suffering the disability, the Review Board had no reason to consider or apply this statutory section in reaching its conclusion of law.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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