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11/04/87 DENNIS C. SANDERS v. REVIEW BOARD INDIANA

Filed: November 4, 1987.

DENNIS C. SANDERS, APPELLANT
v.
REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION, JOHN MOWRER, NANETTE L. MCDERMOTT, AND JOE HARRIS AS THE MEMBERS OF AND CONSTITUTING THE REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION; AND HAYES INTERNATIONAL, APPELLEE



APPEAL FROM A DECISION OF REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION, Case No. (87-TRA-91) 87-R-755.

Neal, Ratliff, C.j. and Hoffman, J. Concur.

Author: Neal

NEAL, J.

STATEMENT OF THE CASE

Claimant-appellant, Dennis C. Sanders (Sanders), appeals from a decision of the Review Board of the Indiana Employment Security Division (Review Board) denying him trade adjustment allowance (TRA) benefits under the Federal Trade Act of 1974, 19 U.S.C. § 2271.

We affirm.

STATEMENTS OF THE FACTS

Sanders commenced employment with Hayes International in February of 1980. He was assigned to the shipping and receiving department, and his responsibilities included packing and building crates and operating a forklift. In September of 1983 Sanders was injured in a work-related accident. Medical problems persisted, and one year later a physician diagnosed his condition as multiple sclerosis. Due to his condition the physician recommended that Sanders engage in limited physicial activity at work. He was released to return to work without restriction in March of 1986. Because of his physical condition Sanders was increasing absent from work. He was notified that if his attendance did not improve he would be discharged. Sanders last reported for work on June 18, 1986. His attendance not having improved, Sanders was discharged from employment for excessive absenteeism on July 3, 1986.

Upon learning that the United States Secretary of Labor had certified that workers for Hayes met the group eligibility requirements for TRA benefits, Sanders filed an application for such benefits. Sanders' application was denied and he appealed. Following a hearing, the appeals referee upheld the denial of Sanders' claim. Her findings and Conclusions were adopted by the Review Board, and the denial of Sanders' claim was affirmed. Sanders subsequently instituted this appeal.

ISSUES

Sanders presents the following issues for our review:

I. Whether the Review Board erred as a matter of law in refusing to grant Sanders' claim for TRA benefits.

II. Whether there was sufficient evidence to support the Review Board's finding that Sanders' separation ...


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