Back pain, fear for son no basis for unemployment benefits

June 12, 2015

An employee who voluntarily left employment was not wrongly denied unemployment benefits by the Indiana Department of Workforce Development, the Indiana Court of Appeals ruled Friday.

In K.S. v. Review Board of the Indiana Department of Workforce Development, 93A02-1409-EX-630, employee K.S. quit his job due to back pain and because of a fear that his son, who was recently released from incarceration, posed a threat to himself or others.

But there was no evidence that K.S.’s pain required a modification of his employment and the son had not committed any act of domestic or family violence, according to the panel.

“Under these facts and circumstances, even if we assume that K.S. proved that his back and hip pain was a physical disability, the evidence was insufficient to prove that K.S. was unemployed as the result of a medically substantiated physical disability or that he made reasonable efforts to maintain the employment relationship,” Judge Paul Mathias wrote for the panel. “We therefore affirm the Board’s determination that K.S. is not eligible for benefits under the exceptions enumerated in Indiana Code section 22-4-15-1(c)(2).”


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