APPEAL FROM THE REVIEW BOARD OF THE DEPARTMENT OF WORKFORCE DEVELOPMENT. Cause No. 13-R-02945.
ATTORNEYS OR APPELLANT: ANDREW DUTKANYCH, III, LAUREN E. BERGER, Biesecker Dutkanych & Macer, LLC, Evansville, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, FRANCES BARROW, Deputy Attorney General, Indianapolis, Indiana.
ROBB, Judge. BARNES, J., and BROWN, J., concur.
Case Summary and Issue
Debbie Mitchell appeals the decision of the Review Board of the Indiana Department
of Workforce Development (" Review Board" ) that she was not entitled to additional unemployment insurance benefits. Mitchell raises one issue for our review: whether the Review Board erred in affirming the findings of the Administrative Law Judge (" ALJ" ) that she was not partially unemployed. Concluding the Review Board did not err in applying the unambiguous statute defining partial unemployment, we affirm.
Facts and Procedural History
Until May 25, 2011, Mitchell was a full-time employee for Vitreo Retinal Associates working approximately thirty-three hours per week. During her employment at Retinal Associates, she was also a part-time employee of Midwest Mobile Care, Inc., working approximately four to eight hours one day per week. Midwest Mobile considered full-time employment to be at least thirty-two hours per week. Her employment with Midwest Mobile was " on call or as needed [and] she is not guaranteed work on a weekly basis." Appellant's Appendix at 16.
On May 25, 2011, Mitchell lost her employment with Retinal Associates and was qualified to receive unemployment benefits due to the loss of that employment. She continued to work the same schedule for Midwest Mobile while she sought full-time employment. She reported her income from Midwest Mobile to the Department of Workforce Development (" DWD" ), which deducted those earnings from her unemployment benefits.
On May 20, 2013, a DWD claims deputy issued a determination of eligibility with regard to her employment with Midwest Mobile determining that Mitchell was " working [her] normal customary hours [and] is not unemployed." Appellant's App. at 12. Her benefits were suspended as of the week ending November 26, 2011, the twenty-sixth week after her employment with Retinal Associates ended. Mitchell ...