Timothy C. Platt v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
93A02-1609-EX-2213
| Ind. Ct. App. | May 26, 2017Background
- Timothy C. Platt was terminated July 21, 2015, and applied for unemployment benefits; a DWD claims deputy initially granted benefits but Zenith appealed.
- An ALJ (First Hearing) found Platt lacked a valid CDL because he failed to register a medical exam with DMV, was cited for driving without a valid commercial license, ignored an instruction not to drive, and failed to log mileage; ALJ concluded he was discharged for just cause and ineligible for benefits.
- Platt appealed; the Review Board affirmed. The court remanded to identify Platt’s last separating employer because of questions whether he was employed by a PEO (SOI) or Zenith.
- On remand (Second Hearing) the ALJ concluded Platt was co‑employed by Strategic Outsourcing, Inc. (SOI)/PEO-SOI and Zenith Freight (based on W‑2, paystub, and statutory PEO definitions) and reissued the First Hearing findings; Review Board affirmed.
- Platt appealed pro se, arguing the ALJ misidentified/co-mingled distinct corporate entities and asserting evidentiary and due process errors; the Court applied substantial‑evidence review and declined to reweigh credibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Zenith and SOI were Platt’s co‑employers at separation | Platt: multiple distinct corporate entities meant Zenith was not co‑employer and SOI was his true employer | Employer/Review Board: documentary evidence (W‑2, paystub) and statutory PEO definitions show SOI and Zenith had a co‑employment relationship | Held: Substantial evidence supports ALJ/Board that SOI (PEO) and Zenith were co‑employers; affirmed |
| Whether Platt was discharged for cause (eligibility for benefits) | Platt: he did not drive the truck back; citation may have been dismissed; employers did not appear at remand so no opposition | Employer/Board: Platt failed to register medical exam, drove without valid CDL, disobeyed instruction not to drive, and failed to log miles — just cause for discharge | Held: ALJ/Board findings supported by evidence; termination was for cause and Platt is ineligible for benefits |
| Admissibility/waiver of evidence at remand | Platt: employer’s absence and allegedly improperly admitted evidence should preclude adoption of earlier findings | Employer/Board: remand limited to identity of last separating employer; documentary evidence was expressly admitted and Platt did not object | Held: Platt waived these objections by failing to object at hearing; evidence properly considered |
| Due process / ALJ errors alleged by Platt | Platt: various procedural and due process violations (not developed in brief) | Board: issues not cogently argued or supported, thus waived | Held: Arguments not developed with citation or record support are waived |
Key Cases Cited
- Smith v. Donahue, 907 N.E.2d 553 (Ind. Ct. App. 2009) (pro se litigants held to same procedural rules as counsel)
- Whiteside v. Ind. Dep’t of Workforce Dev., 873 N.E.2d 673 (Ind. Ct. App. 2007) (standard of review for Review Board factual findings and legal conclusions)
- KBI, Inc. v. Review Bd. of the Ind. Dep’t of Workforce Dev., 656 N.E.2d 842 (Ind. Ct. App. 1995) (appellate reversal only when no substantial evidence supports findings)
- P.K.E. v. Review Bd. of Ind. Dep’t of Workforce Dev., 942 N.E.2d 125 (Ind. Ct. App. 2011) (unemployment benefits aim to compensate persons unemployed through no fault of their own)
- Carter v. Indianapolis Power & Light Co., 837 N.E.2d 509 (Ind. Ct. App. 2005) (issues not developed or supported in brief are waived)
- Family Development, Ltd. v. Steuben County Waste Watchers, Inc., 749 N.E.2d 1243 (Ind. Ct. App. 2001) (failure to present an issue at administrative proceedings waives it on appeal)
- Foley v. Mannor, 844 N.E.2d 494 (Ind. Ct. App. 2006) (no indulgence for pro se litigants; rules are not waived)