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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: KEVIN P. PODLASKI LARRY L. BARNARD Carson Boxberger Fort Wayne, Indiana

FILED
Jun 18 2008, 8:54 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLEE: STEVE CARTER Attorney General of Indiana ELIZABETH ROGERS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KELLY TRUCKING, INC., Appellant-Respondent, vs. BRADLEY S. WILSON, STATE OF INDIANA DEPARTMENT OF WORKFORCE DEVELOPMENT, and U. I. REVIEW BOARD, Appellees-Petitioners. ) ) ) ) ) ) ) ) ) ) )

No. 93A02-0801-EX-36

APPEAL FROM THE INDIANA UNEMPLOYMENT INSURANCE REVIEW BOARD The Honorable Georgia C. McFarland, Administrative Law Judge Cause No. 07-R-02843

June 18, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Kelly Trucking, Inc. ("Kelly Trucking"), appeals a decision by the Review Board of the Indiana Department of Workforce Development ("Board") granting unemployment benefits to Bradley S. Wilson. Kelly Trucking raises two issues, which we revise and

restate as whether the Board's determination that Wilson was not terminated for good cause was reasonable. We affirm. The facts most favorable to the Board's determination follow. Wilson was

employed by Kelly Trucking as a truck driver. His employment ended on March 10, 2007, or March 13, 2007. Wilson applied for unemployment benefits, and a claims deputy found that he was not discharged for just cause. Kelly Trucking appealed the eligibility determination, and a hearing was held before an administrative law judge ("ALJ"). After the hearing, the ALJ entered findings of fact and conclusions thereon finding that Kelly Trucking had discharged Wilson without just cause and that Wilson was eligible for unemployment benefits. Kelly Trucking appealed the determination, and the Board remanded to the ALJ because the ALJ had failed to make sufficient findings of fact for the Board to review the decision. The ALJ then issued revised findings of fact as follows: ***** The claimant worked for this employer from September 9, 2004 until March 13, 2007. The employer is a regional freight company employing four (4) full time and one (1) part time drivers. The claimant worked full time as a truck driver earning 40

Download Kelly Trucking Inc. v. Bradley S. Wilson, Indiana Dept. of Workforce Development

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