Dozier v. Review Board of the Indiana Employment Security Division

436 N.E.2d 373, 1982 Ind. App. LEXIS 1259
CourtIndiana Court of Appeals
DecidedJune 21, 1982
Docket2-182A25
StatusPublished
Cited by10 cases

This text of 436 N.E.2d 373 (Dozier v. Review Board of the Indiana Employment Security Division) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dozier v. Review Board of the Indiana Employment Security Division, 436 N.E.2d 373, 1982 Ind. App. LEXIS 1259 (Ind. Ct. App. 1982).

Opinion

HOFFMAN, Presiding Judge.

Claimant appealed the initial determination of a deputy issued October 20, 1981 at which time Ms. Dozier was found inelligible for unemployment compensation pursuant to IC 1971, 22-4-14-3 (1981 Burns Supp.). The appeals referee affirmed the decision of the deputy finding that Ms. Dozier had voluntarily left work without good cause. Ms. Dozier then appealed to the Review Board of the Indiana Employment Security Division which affirmed the decision of the referee adopting his findings and conclusions by reference pursuant to Regulation 1007 of the Review Board.

Ms. Dozier worked as a policy typist with United States Fidelity and Guaranty (U.S.F. & G.) from May 15, 1978 until October 5, 1981. Ms. Dozier had a history of chronic absenteeism related to a medical problem with her back. On October 1,1981 Ms. Dozier went to a hospital where it was diagnosed that she was having lower back problems. Ms. Dozier contacted her supervisor at U.S.F. & G. and told her that she would need a one week leave of absence. Later a doctor’s certificate was sent to Ms. Dozier’s supervisor confirming her medical problem and stating that she could return to work on October 5, 1981. On October 5, 1981 Ms. Dozier returned to the hospital for a re-examination of her back. At that time she was told by the doctor that she would need to take another week off from work. Ms. Dozier’s mother contacted U.S.F. & G. on October 5, 1981 and told her supervisor that Ms. Dozier was gone. On October 6, 1981 Ms. Dozier received a letter of termination. At no time was U.S.F. & G. notified of Ms. Dozier’s need for an extended leave of absence for medical reasons.

“Referee finds in this case [and the Review Board adopts by reference], that claimant failed to exert the necessary effort to protect her job, by properly calling employer on October 5, 1981, for a further request of a leave of absence, upon advice by a physician. Referee finds therefore, in this case, that claimant is voluntarily unemployed through her own fault, when she failed to inform employer that her leave of absence was suggested by a physician, to be extended after October 5, 1981. From the foregoing findings, it is held that claimant is found able, available and actively seeking work during the week ending of October 10, 1981, and that under Chapter 14r-3, claimant does not possess any disqualification, and it is further found that claimant voluntarily left work without just cause in connection with work, when after October 5, 1981, claimant failed to inform employer she was put on extended leave of absence by physician, on verbal instructions to her. Claimant therefore, is held voluntarily having left work without good cause in connection with work, within the meaning of the Act.”
The following issues are raised on appeal:
(1) whether there was substantial evidence to support the Review Board’s determination that Ms. Dozier failed to properly notify her employer of her need for an extended leave of absence; and
(2) whether there was sufficient evidence ' to support the Review Board’s determination that Ms. Dozier voluntarily left work without good cause.

When reviewing a determination of the Review Board, this Court examines only the evidence that was before the Board and all reasonable inferences drawn from such evidence.

Shoup v. Review Bd. of Ind. Employment Sec. (1980), Ind.App., 399 N.E.2d 771; Cornell v. Review Bd. of Ind. Emp. Sec. Div. (1979), Ind.App., 383 N.E.2d 1102.

Findings of fact made by the Review Board are presumed conclusive and binding. Id.; IC 1971, 22-4-17-12 (Burns Code Ed.). The court may reverse the findings of the Review Board if it determines that those findings were based on evidence devoid of probative value, Williamson Co. v. Rev. Bd. (1969), 145 Ind.App. 266, 250 N.E.2d 612, or reasonable men would be bound to come to *375 a different conclusion based on the evidence.

Kuntz v. Review Bd. of Ind. Employment Sec. (1979), Ind.App., 389 N.E.2d 342; Ervin v. Rev. Bd. et al. (1977), 173 Ind. App. 592, 364 N.E.2d 1189.

In the case at bar Ms. Dozier alleges that there was insubstantial evidence to support the Review Board’s determination that she failed to notify her employer of her need for an extended leave of absence on October 5, 1981. It is the province of the fact finder, the Review Board, to determine whether proper notice of absence due to a medical condition has been given. Raham v. Review Bd. of Ind. Employment Sec. (1980), Ind.App., 405 N.E.2d 606. The evidence before the Review Board was conflicting. Both parties agree that Ms. Dozier’s mother called U.S.F. & G., but it is not clear what she told Ms. Dozier’s employer. Appellant would have us weigh this conflicting evidence and judge the credibility of the declarants but that is not the province of this Court. Cornell, supra. Based on the evidence before the Review Board, we find that there was substantial support for the determination of the Review Board that Ms. Dozier failed to properly notify her employer of her extended leave of absence.

Ms. Dozier also alleges that there was insufficient evidence to support the Review Board’s finding that she voluntarily left work without good cause. The goal of the Employment Security Act, set out in IC 1971, 22-4-1-1, is to “protect workers who become ‘unemployed through no fault of their own.’ ” Osborn v. Review Bd. of Ind. Employ. Sec. Div. (1978), Ind.App., 381 N.E.2d 495, at 499.

A determination of whether a claimant left work voluntarily without good cause is a question of fact to be determined by the Review Board.

National Furn. Mfg. Co. v. Review Board, etc. (1960), 131 Ind.App. 260, 170 N.E.2d 381;
Nordhoff v. Review Board, etc., et al. (1959), 130 Ind.App. 172, 162 N.E.2d 717.

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436 N.E.2d 373, 1982 Ind. App. LEXIS 1259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dozier-v-review-board-of-the-indiana-employment-security-division-indctapp-1982.