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K.S. v. Review Board of the Indiana Department of Workforce Development

Court of Appeals of Indiana

June 12, 2015

K.S., Appellant-Claimant,
v.
Review Board of the Indiana Department of Workforce Development, Appellee

Appeal from the Review Board of the Department of Workforce Development. The Honorable Steven F. Bier, Chairperson. Case No. 14-R-1477.

ATTORNEY FOR APPELLANT: Jonathan D. Harwell, Harwell Legal Counsel, LLC, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, Aaron T. Craft, Deputy Attorney General, Indianapolis, Indiana.

Mathias, Judge. May, J., and Robb, J., concur.

OPINION

Page 1196

Mathias, Judge.

[¶1] K.S. appeals the decision of the Review Board of the Indiana Department of Workforce Development (" the Board" ) denying his claim for unemployment benefits. K.S. argues that he is eligible for unemployment benefits because he voluntarily left his employment for medical reasons and to deal with an issue of domestic violence.

[¶2] We affirm.

Facts and Procedural History

[¶3] For almost nine years, K.S. was employed by Covance Central Laboratory Services (" CCLS" ). On April 30, 2014, he voluntarily left his employment due to medical reasons and family issues.

Page 1197

[¶4] K.S. suffers from low back and hip pain and has periodically sought medical treatment for his condition. The cause of K.S.'s low back pain is not known. K.S. believed that CCLS was aware of his low back pain because he requested and eventually received a new chair. However, K.S.'s physician did not place him on any medical restrictions while K.S. was employed by CCLS.

[¶5] In addition, K.S.'s son was incarcerated on felony charges but was released from jail shortly before K.S. terminated his employment. K.S. believed his son was dangerous to himself and others. K.S. asked CCLS for a change of shift so that K.S. could stay at home during the day with his son. CCLS never responded to K.S.'s request for a shift change.

[¶6] After voluntarily terminating his employment, K.S. filed a claim for unemployment benefits. A claims deputy made an initial determination that K.S. was ineligible for benefits because he left his employment without good cause. K.S. filed an appeal disputing the claims deputy's finding. A telephonic hearing was held on July ...


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