Dickson v. Review Board of the Indiana Employment Security Division
Dickson v. Review Board of the Indiana Employment Security Division
Opinion of the Court
Claimant-appellant Marguerite Dickson appeals a decision by the Review Board of the Indiana Employment Security Division (Board) which affirmed a referee's determination that Dickson was not entitled to extended unemployment compensation benefits.
The facts relevant to this appeal disclose that Dickson was laid off by her employer, Bethlchem Steel, on August 16, 1984. At the time of her layoff, she received approximately $7,400.00 in severance pay.
When Dickson applied for unemployment compensation, the Employment Security Division considered the severance pay as 16 weeks of employment and denied Dickson benefits for the first 16 weeks after her layoff. Upon Dickson's application for extended benefits, the claim was denied on the basis that Dickson had not satisfied the wage credit
The appeals referee determined that Dickson was ineligible for benefits based upon the Employment Security Division's computations. The Board affirmed. This appeal ensued.
IND.CODE § 22-4-12-4 states that "[wjage credits shall be reported by the employer and credited to the individual in the manner prescribed by the board." While recognizing the Board's statutory authority, a crediting plan whereby severance pay is projected over a 16-week period for purposes of denying an original claim for benefits during that period, and then
The cause is reversed and remanded to the Board for proceedings consistent with this opinion.
Reversed and remanded.
. Wage credits are defined as "remuneration paid for employment by an employer to an individual" in IND.CODE § 22-4-4-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.