Y.G. v. Review Board of the Indiana Department of Workforce Development
936 N.E.2d 312
Ind. Ct. App.2010Background
- Y.G. became ill at work on Sept. 30, 2009, diagnosed with sarcoidosis, leading to medical leave considerations.
- Employer provided one month of leave under FMLA; paperwork was mailed Oct. 8 for FMLA but had to be returned by Oct. 23.
- Y.G. was released from hospital Oct. 10 and needed more than one month to recuperate; he resigned Oct. 21 after contacting his supervisor.
- Unemployment benefits were denied on Dec. 7, with a finding that Y.G. was not involuntarily unemployed due to a physical disability.
- ALJ affirmed the denial; Review Board adopted the ALJ’s findings and conclusions, governing the appeal.
- Issue at stake: whether Y.G.’s separation from employment was for good cause in connection with the work and/or protected by disability-related non-disqualification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether leaving for medical reasons qualifies as 'good cause' in connection with work | Y.G. asserts justified failure due to ongoing medical need and communication with supervisor. | Employer argues resignation without documented accommodations severed employment; not 'good cause' under statute. | No substantial evidence of good cause under statute; Board's decision affirmed. |
| Whether medical disability and efforts to maintain employment exempt from disqualification | Y.G. contends disability and attempts to maintain employment should relieve disqualification. | Y.G. did not provide required medical documentation or ask for reasonable alternative work. | Not protected under Ind. Code § 22-4-15-1(c)(2); insufficient efforts to maintain employment. |
| Whether employer was required to offer alternative work instead of accepting resignation | City of Indianapolis v. Review Bd. required continued documentation and alternative placement. | Distinguishable; Y.G. provided no documentation or request for alternate placement. | City of Indianapolis not controlling; no evidence of requested or provided alternative placement. |
Key Cases Cited
- Whiteside v. Ind. Dep't of Workforce Development, 873 N.E.2d 673 (Ind.Ct.App.2007) (two-part factual and evidentiary review standard)
- KBI, Inc. v. Review Bd. of the Ind. Dep't of Workforce Dev., 656 N.E.2d 842 (Ind. Ct. App.1995) (substantial evidence standard of review)
- Indianapolis Osteopathic Hosp. Inc. v. Jones, 669 N.E.2d 431 (Ind.Ct. App.1996) (burden on claimant to show voluntary departure not for disqualifying reason)
- Goldman v. Review Bd. of Ind. Employment Sec. Div., 440 N.E.2d 734 (Ind. Ct. App.1982) (disability documentation supports maintenance of employment)
- City of Indianapolis v. Review Bd. of Ind. Emp. Sec. Div., 441 N.E.2d 36 (Ind.Ct. App.1982) (distinguishable; repeated illness documentation can preserve employment relation)
- Raham v. Review Bd. of Indiana Employment Sec. Division, 405 N.E.2d 606 (Ind.Ct. App.1980) (substantiation of disability must be made to the employer)
- Stewart v. State, 721 N.E.2d 876 (Ind.1999) (proof of notice to last known address supports knowledge of status)
- City of Indianapolis (earlier context referenced in opinion), 441 N.E.2d 36 (Ind.Ct. App.1982) (see above for controlling distinctions)