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Indiana Department of Workforce Development v. Hugunin

Court of Appeals of Indiana

October 27, 2017

Indiana Department of Workforce Development, Appellant-Petitioner,
v.
Kristofer Hugunin, Appellee-Respondent.

         Appeal from the Porter Superior Court The Honorable Roger V. Bradford, Judge Trial Court Cause No. 64D01-1508-CC-6627

          Attorneys for Appellant Curtis T. Hill, Jr. Attorney General of Indiana David E. Corey Deputy Attorney General

          Pyle, Judge.

         Statement of the Case

          [¶1] In this interlocutory appeal, the Indiana Department of Workforce Development ("Workforce Development") appeals the trial court's denial of its motion for summary judgment in its action against Kristofer Hugunin ("Hugunin").[1] Concluding that Workforce Development is entitled to judgment as a matter of law, we reverse and remand with instructions for the trial court to grant Workforce Development's summary judgment motion.

         [¶2] We reverse and remand with instructions.

         Issue

         The sole issue for our review is whether trial court erred in denying Workforce Development's summary judgment motion.

         Facts

          [¶3] In 2009 and 2011, Hugunin applied for and received emergency unemployment compensation benefits. However, a subsequent investigation determined that Hugunin had received employment income at the same time he was receiving unemployment benefits. In May 2013, Workforce Development mailed Hugunin investigation case histories and a Determination of Eligibility ("the Determination"), which provided in relevant part as follows:

You claimed benefits during the period 01/03/2009 to 05/14/2011. An investigation of this claim period was conducted to determine whether or not you failed to disclose or misrepresented material facts which, if known, would have disqualified you or rendered you ineligible, or would have reduced your benefits for the following reasons: employment and earnings. . .
Based on available evidence, it must be concluded that you knowingly failed to disclose, or falsified material facts. Therefore, the penalties prescribed by Chapter 13, Section 1.1 of the Laws of Indiana relating to the Department of Workforce Development apply.
You received benefits to which you were not entitled and which you are now liable to repay ...

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