Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Digbie v. Review Board of Ind. Dep't of Workforce Dev.

Court of Appeals of Indiana

May 28, 2014

MELISA R. DIGBIE, Appellant,
v.
REVIEW BOARD OF THE INDIANA DEPARTMENT OF WORKFORCE DEVELOPMENT and EAGLECARE LLC, Appellees

APPEAL FROM REVIEW BOARD OF THE INDIANA DEPARTMENT OF WORKFORCE DEVELOPMENT. Case No. 13-R-4054.

ATTORNEY FOR APPELLANT: ADAM MUELLER, LISA LAWS KOHLI, JOSEPH B. GLASS, Certified Legal Intern, Indiana Legal Services, Inc.

ATTORNEYS FOR APPELLEES: GREGORY F. ZOELLER, Attorney General of Indiana; KRISTIN GARN, Deputy Attorney General, Indianapolis, Indiana.

NAJAM, Judge. VAIDIK, C.J., and BROWN, J., concur.

OPINION

Page 255

NAJAM, Judge.

STATEMENT OF THE CASE

Melisa Digbie appeals the decision of the Review Board of the Department of Workforce Development (" Review Board" ) in favor of Eaglecare LLC on her claim for unemployment benefits. Digbie presents a single issue for our review, namely, whether the evidence supports the finding of the Administrative Law Judge (" ALJ" ), as adopted by the Review Board, that Digbie failed to appear at an evidentiary hearing without good cause.

We reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

From December 5, 2012, through May 1, 2013, Digbie was employed by Eaglecare. Following her termination, Digbie applied for, and received, unemployment benefits. On June 28, Eaglecare appealed the Department of Workforce Development (" DWD" ) claims deputy's determination of Digbie's eligibility for benefits, and the DWD scheduled a hearing before the ALJ for August 6. A representative of Eaglecare attended the August 6 hearing, but neither Digbie nor counsel for Digbie appeared at the hearing. The ALJ heard evidence from Eaglecare and concluded that Digbie was ineligible for unemployment benefits.

In early September, Digbie discovered that she had missed the hearing date on

Page 256

August 6, and she appealed the ALJ's decision denying her benefits. The Review Board ordered the parties to attend a hearing before a new ALJ on the issue of whether Digbie could show good cause for failure to appear at the August 6 hearing. Following that hearing, the ALJ concluded that Digbie had failed to show good cause and reissued the ALJ's determination following the August 6 hearing. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.