MELISA R. DIGBIE, Appellant,
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.
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
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. ...