COA orders new hearing due to lack of proof notice was mailed

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The Indiana Court of Appeals ordered a new evidentiary hearing on the merits of a woman’s application for unemployment benefits after holding that the Department of Workforce Development didn’t prove that it mailed notice of a hearing to the woman.

Melisa Digbie, who worked for Eaglecare LLC for six months, was receiving unemployment benefits when Eaglecare appealed to the DWD. The department scheduled a hearing before an administrative law judge Aug. 6, but Digbie nor her counsel appeared. The ALJ held that she was ineligible for unemployment benefits.

After learning she missed the hearing, Digbie appealed. Both parties appeared before a different ALJ on the issue of whether she could show good cause for not appearing at the meeting. That ALJ said she could not; Digbie appealed to the review board of the DWD, and it affirmed. The review board found that the evidence established a rebuttable presumption that the DWD had properly served Digbie notice of the hearing.

DWD failed to present any evidence to prove it mailed Dibgie notice of the Aug. 6 hearing, the COA pointed out. The DWD suggested that it was entitled to the rebuttable presumption of service because the notice of the Aug. 6 hearing was admitted into evidence by the first ALJ, so it was already part of the record when it was remanded to the second ALJ and did not require readmission.

“But the admission into evidence of the notice is not proof of mailing that notice,” Judge Edward Najam wrote in Melisa R. Digbie v. Review Board of the Indiana Department of Workforce Development and Eaglecare LLC, 93A02-1312-EX-1054.

“[T]hat the notice itself purports to state the ‘Mailing Date of this Document’ is not proof that it was actually mailed. To hold otherwise would permit countless letters to be deemed delivered simply because the letters themselves are written to say so,” Najam continued. “Moreover, satisfying this evidentiary burden is hardly difficult. For example, the agency need only offer testimony that the notice was mailed or produce evidence of a contemporaneous notation in the claimant’s file, similar to a CCS entry, that the notice was placed in the mail on a specific date.”

Because the DWD didn’t present evidence it mailed the notice, it was not entitled to the rebuttable presumption Digbie received notice of the Aug. 6 hearing, the court held.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...