Unemployment checks no longer part of summer break, COA rules

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Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.

The Court of Appeals affirmed the denial of unemployment compensation in D.B., et al v. Review Board of the Indiana Department of Workforce Development, Department of Workforce Development and Anderson Transit System, Inc., 93A02-1301-EX-71.

For several years, school bus drivers, who are owners or employees of Anderson Transit, and contracted with Anderson Public Schools had been able to apply for and receive unemployment insurance during summer breaks.

However, at the end of the 2011-2012 school year, the Review Board of the Department of Workforce Development denied the applications on the grounds that changes to statutory language made the drivers ineligible for payments. In particular, the board found that the school system’s yearly summer break constituted a vacation and that the drivers had “reasonable assurance” their jobs would return when classes restarted, so they did not meet the requirements for unemployment compensation.

During legislative sessions in 2011 and 2012, the Indiana General Assembly added and amended Indiana Code 22-4-3-5 which dealt with the definition of unemployment.

The drivers argued, in part, that the board was construing the vacation provisions in the amended statute too broadly. They asserted that previous decisions from the Indiana Court of Appeals and the Indiana Supreme Court have held that unpaid shutdowns, like the one the drivers experienced every summer, was a layoff and therefore compensable under state law.

The Court of Appeals disagreed. It noted that even before the enactment of I.C. 22-4-3-5, Indiana law recognized that a mandatory vacation or shutdown did not entitle the employees to unemployment checks. Although the Legislature enacted a law that seemed to modify common law by statute, the appeals court stated it presumed the General Assembly was aware of the common law and did not intend to change it more than the new provisions allowed.


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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 ...