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Ind. Code § 22-4-1-2

Unemployment application considered request for benefits from unemployment insurance benefit trust fund; commissioner responsible for proper payment of unemployment benefits; no burden of proof for entitlement to unemployment benefits; no presumption of entitlement or nonentitlement to unemployment benefits

Known as the Indiana Employment and Training Services Act

The act spans §§ 22-4-10-1 to 22-4-9-6 (335 sections).

Applied in 2 court decisions — leading case Company v. Review Board of the Indiana Department of Workforce Development and S.W. (2018)

Most recently applied in Company v. Review Board of the Indiana Department of Workforce Development and S.W. (November 2018)

As added by P.L.121-2014, SEC.5.

Sec. 2. (a) Unemployment benefits are paid from state funds and are not considered paid from any special insurance plan or by an employer. An application for unemployment benefits is not considered a claim against an employer, but is considered a request for unemployment benefits from the unemployment insurance benefit trust fund.

(b) The commissioner is responsible for the proper payment of unemployment benefits without regard to the level of interest or participation in any determination or appeal by an applicant or an employer.

(c) An applicant's entitlement to unemployment benefits is determined based on the information that is available without regard to a burden of proof. An agreement between an applicant and an employer is not binding on the commissioner in determining an applicant's entitlement to unemployment benefits.

(d) There is no presumption of entitlement or nonentitlement to unemployment benefits. There is no equitable or common law allowance for or denial of unemployment benefits.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.