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BERNARD v. UNEMP. COMP. REV. COMM.

No. 2012-0717.

136 Ohio St.3d 264 (2013)

2013-Ohio-3121

BERNARD, Appellant, v. UNEMPLOYMENT COMPENSATION REVIEW COMMISSION; BARRY AND PATRICIA WAKEMAN EDUCATIONAL FOUNDATION ET AL., Appellees.

Supreme Court of Ohio.

Decided July 25, 2013.

Attorney(s) appearing for the Case

Burton Law, L.L.C., Robert Guehl , Tony M. Alexander , and Brandon Cogswell , for appellant.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, Michael J. Hendershot , Chief Deputy Solicitor, and Rebecca L. Thomas and Robin A. Jarvis , Assistant Attorneys General, for appellee Ohio Department of Job and Family Services.

Rendigs, Fry, Kiely & Dennis, L.L.P., W. Roger Fry , and William H. Fry , for appellee Wakeman Educational Foundation.

LANZINGER, J.

{¶ 1} In this case, we consider whether earnings deposited into a flexible-spending account for reimbursement of medical costs under an employer's cafeteria plan1 qualify as remuneration for purposes of determining an employee's unemployment-compensation eligibility. We hold that they do not.

I. Facts

{¶ 2} Until December 2009, appellant, Claudia Bernard,...

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