International Steel Co. v. Review Bd. of Indiana Employment Sec. Division, No. 869

• Docket Nº: No. 2
• Citation: 19 Ind.Dec. 618, 146 Ind.App. 137, 252 N.E.2d 848
• Case Date: December 10, 1969

Page 848

252 N.E.2d 848 146 Ind.App. 137 INTERNATIONAL STEEL COMPANY, Appellant,
v.
REVIEW BOARD OF the INDIANA EMPLOYMENT SECURITY DIVISION, et
al., Appellees. No. 869 A 149. Appellate Court of Indiana, Division No. 2. Dec. 10, 1969.

[146 Ind.App. 138] Arthur R. Donovan, Harry P. Dees and Joseph A. Yocum, Evansville, for appellant. Kahn, Dees, Donovan & Kahn, Evansville, of counsel.

Theodore L. Sendak, Atty. Gen., Willian S. McMaster, Deputy Atty. Gen., Indianapolis, for appellee, Review Board of Indiana Employment Security Division.

Winfield K. Denton, Gary L. Gerling, Rodney H. Grove, Evansville, for appellees, Avid A. Abott, and others; Denton, Gerling & Grove, Evansville, of counsel.

APPEAL FROM DECISION OF REVIEW BOARD OF THE INDIANA

EMPLOYMENT SECURITY DIVISION

PFAFF, Chief Justice.

Appellees, Avid A. Abott and others, originally brought this action seeking to obtain benefits under the Indiana Employment Security Act by reason of their involuntary dessaton of employment with appellant corporation on February 11, 1967. In February 1967, appellees filed official Form No. 618, 'Determination of Eligibility During Labor Dispute', with the Indiana Employment Security Division, and the matter was referred to an appeals referee. Subsequent to a hearing before the appeals referee, on August 16, 1967, it was initially determined that appellees-claimants were ineligible for waiting period and benefit rights from February 11, 1967, through March 11, 1967, because claimants' unemployment

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was due to a work stoppage that existed because of a labor dispute. Thereafter, on July 1, 1968, subsequent to appellees' appeal to the Review Board, the decision of the appeals referee was reversed and the appellees were awarded benefits. The appellant, International Steel Company, then appealed to this court, alleging that the decision of the Review Board is contrary to law.

The recent Appellate Court decision in the case of Williamson Co. v. Review Bd. of Indiana Emp. Sec. Div. (1969), [146 Ind.App. 139] Ind.App., 250 N.E.2d 612, restated the established rule that 'this Court is not at liberty to weigh the evidence and that we must accept the facts as found' by the Review Board and other administrative agencies operating pursuant to established standards of administrative review recognized by this court. In Williamson, supra, Judge Hoffman conducted an exhaustive review of those instances of exception wherein the court is allowed the liberty of nonadherence to the facts as determined by an administrative agency. After a thorough discussion of prior decisions which established the exceptions to the general rule as stated above, Judge Hoffman, at page 616 of 250 N.E.2d, in summary set forth those exceptions as follows:

'The reviewing court may reverse the decision of the Review Board if:

'(1) The evidence on which the Review Board based its conclusion was devoid of probative value;

'(2) The quantum of legitimate evidence was so proportionately meager as to lead to the conviction that the finding does not rest upon a rational basis;

'(3) The result of the hearing before the Review Board was substantially influenced by improper considerations;

'(4) There was no substantial evidence supporting the conclusions of the Review Board;

'(5) The order of the Review Board, its judgment or finding, is fraudulent, unreasonable or arbitrary;

'(6) The Review Board ignored competent evidence;

'(7) Reasonable men would be bound to reach the opposite...