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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

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  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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