BROWNING-FERRIS INDUSTRIES v. REVIEW BD. OF IND. DEPT. OF WORKFORCE DEV.

No. 93A02-9702-EX-76.

693 N.E.2d 1351 (1998)

BROWNING-FERRIS INDUSTRIES, Appellant-Employer, v. REVIEW BOARD OF THE INDIANA DEPARTMENT OF WORKFORCE DEVELOPMENT, and Patrick Bender, Appellees-Claimants.

Court of Appeals of Indiana.

April 16, 1998.


Attorney(s) appearing for the Case

John B. Drummy, Kightlinger & Gray, Indianapolis, and Susan G. Lindsey, Floyd & Tudor, P.C., Nashville, for appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Rosemary L. Borek, Deputy Attorney General, Indianapolis, for Review Board.

Samuel Morris, Agee, Allen, Godwin & Morris, Laurenzi & Hamilton, Memphis, for Patrick Bender.


OPINION

STATON, Judge.

Browning-Ferris Industries ("BFI") appeals from the Unemployment Insurance Review Board's ("Review Board") award of unemployment insurance benefits to Patrick Bender. An administrative law judge ("ALJ") ruled, and the Review Board agreed, that BFI failed to establish a prima facie case that it discharged Bender for just cause because it had not shown that its drug and alcohol policy was reasonable. The ALJ determined that BFI...

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