ILNews

Judges order hearing on unemployment benefits

Back to TopCommentsE-mailPrintBookmark and Share

A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.

An administrative law judge determined that J.W.B. hadn’t shown good cause to grant his request for a continuance of a hearing regarding his receiving of unemployment benefits. His former company challenged the grant of benefits and the ALJ set the matter for a telephonic hearing on Nov. 10, 2010. On Nov. 3, J.W.B.’s counsel filed a motion for continuance because J.W.B.’s mother had just died and he would need to be out of state for six weeks and would not be available for the hearing. The ALJ denied the motion, finding he didn’t demonstrate good cause for the continuance.

On the day the hearing was set, J.W.B.’s attorney filed another motion for a continuance because J.W.B. was out of town and because she had another hearing with a different ALJ at the same time as J.W.B.’s hearing. The judge tried calling the attorney and got a busy signal. The ALJ issued her opinion that J.W.B. failed to participate and reversed the determination that J.W.B. was eligible for unemployment benefits. The Review Board of the Indiana Department of Workforce Development affirmed the ALJ’s decision.

In J.W.B. v. Review Board, No. 93A02-1101-EX-5, the Court of Appeals noted that except for the ALJ noting that J.W.B. didn’t participate in the hearing and that he didn’t sustain his burden of proof that he had voluntarily left his employment for good cause, her decision is silent about the conclusion that the grounds stated in support of the motions for continuance didn’t constitute sufficient cause for granting them. The review board’s wholesale adoption of the ALJ’s findings and conclusions is also silent about its conclusion that the denial of the motions for continuance should be affirmed, or whether that issue was even considered by it, wrote Judge James Kirsch.

The ALJ stated she denied J.W.B.’s motions because he hadn’t shown good cause. “Good cause” hasn’t been defined for purposes of a motion to continue an unemployment-benefits appeal hearing, wrote the judge, but it has been defined in other contexts relating to unemployment benefits.

“We believe the following passage ... is worth reproducing here: ‘While we agree no such definition appears in Indiana statutes, regulations, or the Review Board’s materials submitted in this case, the absence of definition would be a substantive issue as to lack of clarity in the law, not a procedural deficiency. While the lack of legal definition could, in some cases, impede this court’s review of a Review Board decision to the extent we must have some legal standard to apply to the facts found by the Review Board, it does not do so here, in part because we are not faced with a pure question of law,’" wrote Judge Kirsch, citing S.S. v. Review Bd. Of Ind. Dep’t of Workforce Dev., 941 N.E.2d 550 (Ind. Ct. App. 2011).

Disagreeing with the ALJ’s and review board’s conclusion that good cause was not shown, the judges ordered the review board to grant J.W.B. a hearing upon due notice.

Either of the reasons he gave for a continuance on their face constituted good cause, and he was prejudiced by the denial of his motions, the court concluded.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT