Indiana Department of Workforce Development, Appellant-Petitioner,
Kristofer Hugunin, Appellee-Respondent.
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
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"). 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
We reverse and remand with instructions.
sole issue for our review is whether trial court erred in
denying Workforce Development's summary judgment motion.
[¶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 ...