Indiana court finds insufficient evidence for benefits denial, case remanded
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Wednesday, December 30, 2020

Indiana court finds insufficient evidence for benefits denial, case remanded

By Payroll and Entitlements Editorial Staff

After being terminated for receiving three letters of deficiencies in a 12-month period, the claimant was deemed to be in violation of company policy and denied benefits by the ALJ. On appeal, the court concluded that substantial evidence did not support the ALJ’s finding that all employees who receive three letters within 12 months were discharged after the claimant introduced evidence contrary to that allegation. Moreover, the employer failed to introduce the written policy into evidence or appear at the second hearing. Therefore, the court reversed the benefits denial and remanded the action (S.F., Ind. Ct. of App., No. 20A-EX-996, November 13, 2020).

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