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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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