Employer v. Review Board of the Indiana Department of Workforce Development

955 N.E.2d 210, 2011 Ind. App. LEXIS 1924, 2011 WL 4972042
CourtIndiana Court of Appeals
DecidedAugust 18, 2011
DocketNo. 93A02-1101-EX-53
StatusPublished
Cited by1 cases

This text of 955 N.E.2d 210 (Employer v. Review Board of the Indiana Department of Workforce Development) 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.

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Employer v. Review Board of the Indiana Department of Workforce Development, 955 N.E.2d 210, 2011 Ind. App. LEXIS 1924, 2011 WL 4972042 (Ind. Ct. App. 2011).

Opinions

OPINION

BRADFORD, Judge.

Appellant Employer appeals from the Review Board of the Indiana Department of Workforce Development’s (“Review Board”) decision that it did not show good cause for failing to appear for the administrative hearing before the Administrative Law Judge (“ALJ”). We affirm.

FACTS AND PROCEDURAL HISTORY

The Claimant was employed by Employer as an office manager from September 8, 2009, to August 16, 2010. Following the termination of her employment, Claimant submitted a claim for unemployment insurance benefits. On September 7, 2010, a claims deputy for the Indiana Department of Workforce Development (“Department”) determined that the Claimant was discharged for just cause and was therefore ineligible for unemployment insurance benefits. Claimant appealed the claims deputy’s determination on September 12, 2010.

On October 29, 2010, the Department mailed a Notice of Hearing to both parties scheduling a hearing, which would be conducted by the ALJ by telephone, for November 10, 2010, at 2:15 p.m. Eastern Standard Time (“EST”). The November 10, 2010 hearing was postponed and rescheduled for November 22, 2010, at 11:00 a.m. EST after the Employer requested a continuance of the original hearing date. A second Notice of Hearing was sent to the parties detailing the date and time of the rescheduled hearing. The second notice, like the first, required the parties to submit an “Acknowledgement Form” indicating whether the party wished to participate in the hearing, and, if so, to provide the ALJ with a telephone number at which the party could be reached at the time of the scheduled hearing. In addition, a set of instructions attached to the second notice stated as follows: “Confirm the date, time, and location for your hearing. Some Indiana counties are in different time zones. Your hearing will start at the time and time zone listed on the Notice of Hearing.” Exhibits p. 14.

Claimant returned the Acknowledgment Form indicating that she wished to participate in the hearing and provided the ALJ with a telephone number at which she could be reached. Employer did not return the Acknowledgment Form. On November 22, 2010, the ALJ called the telephone number provided by Claimant, and Claimant appeared before the ALJ. Despite Employer’s failure to return the Acknowledgment Form indicating whether it intended to participate in the hearing, the ALJ attempted to reach the Employer at multiple telephone numbers, including a telephone number on Employer’s attorney’s letterhead that had previously been submitted to the ALJ. These attempts, [212]*212however, were unsuccessful. Upon not being able to reach Employer at these telephone numbers, the ALJ noted that Employer was not present and continued with the hearing as scheduled.

Following the conclusion of the hearing, the ALJ reversed the determination of the claims deputy. Employer appealed the ALJ’s decision to the Review Board. On December 27, 2010, the Review Board issued a decision affirming the ALJ’s reversal of the determination of the claims deputy. This appeal follows.

DISCUSSION AND DECISION

On judicial review of an unemployment compensation proceeding, we determine whether the decision of the Review Board is reasonable in light of its findings. Value World Inc. of Ind. v. Review Bd. of Ind. Unemp’t Dept. of Workforce Dev., 927 N.E.2d 945, 947 (Ind.Ct.App.2010). We are bound by the Review Board’s resolution of all factual matters; thus, we neither reweigh evidence nor reassess witness credibility. Id. at 948. Rather, we consider only the evidence most favorable to the Review Board’s decision and the reasonable inferences to be drawn therefrom, and if there is substantial evidence of probative value to support the Review Board’s conclusion, it will not be set aside. Id. When, however, an appeal involves a question of law, we are not bound by the agency’s interpretation of law, and we will reverse a decision if the Review Board incorrectly interprets a statute. Id.

In a discharge case, the employer bears the burden of proving that it discharged the claimant for just cause. Stanrail Corp. v. Unemp’t Ins. Review Bd., 734 N.E.2d 1102, 1104 (Ind.Ct.App.2000). Indiana Code section 22^4 — 15—1 (d) (2008) provides that the term “discharge for just cause” is defined to include “any breach of duty in connection with work which is reasonably owed an employer by an employee.” In construing this provision of the statute, this court provided as follows:

Determination of just cause is a question of fact. It is conduct evidencing such willful or wanton disregard of the employer’s interest as is found in deliberate violations or disregard of standards of behavior which the employer has a right to expect of his employee, or a carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional or substantial disregard of the employer’s interest or of the employee’s duties or obligation to his employer.

Yoldash v. Review Bd. of Ind. Emp't Sec. Div., 438 N.E.2d 310, 312 (Ind.Ct.App.1982) (citation, emphasis, and quotation omitted). No hard-and-fast rule can be fixed defining in precise terms what constitutes such misconduct as to deny an employee unemployment compensation benefits. Id. Each case must be determined on its own particular facts. Id.

Employer concedes that it failed to appear during the telephonic hearing due to its counsel’s mistaken application of the difference between the EST and Central Standard Time (“CST”) zones. Employer argues, however, that its failure to timely appear should have been considered excusable neglect and that the Review Board should have reversed the decision of the ALJ and ordered the ALJ to reopen the hearing to provide Employer the opportunity to present evidence on its behalf. Employer further argues that the evidence it would have presented at the hearing would have proven that Claimant was fired for just cause.

[213]*213In Art Hill Inc. v. Review Board of the Indiana Department of Workforce Development, 898 N.E.2d 363, 368 (Ind.Ct.App.2008), we concluded that the Review Board properly denied the employer’s appeal because the employer had the opportunity to be heard, but failed, due to circumstances within its control, to participate in the hearing. Specifically, we concluded that a party to an unemployment hearing may voluntarily waive the opportunity for a fair hearing where the party received actual notice of the hearing and failed to appear at or participate in the hearing. Id. In Art Hill, as in the instant matter, it was undisputed that both parties received notice of the date and time at which the ALJ would conduct the telephonic hearing. Id. Both parties provided the ALJ with a telephone number at which they could be reached. Id. However, the employer decided, without notifying the ALJ, to change the telephone number at which it wished to appear. Id.

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955 N.E.2d 210, 2011 Ind. App. LEXIS 1924, 2011 WL 4972042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employer-v-review-board-of-the-indiana-department-of-workforce-development-indctapp-2011.