Goldman v. Review Board of the Indiana Employment Security Division

I must dissent.

The unambiguous mandate of Ind.Code 22-4-15-l(d)(2) is that medical substantiation of an employee’s disability must be given to his employer prior to termination. Raham v. Review Board of the Indiana Employment Security Division, (1980) Ind. App., 405 N.E.2d 606. See also Huber v. Review Board of the Indiana Employment Security Division, (1981) Ind.App., 422 N.E.2d 1257. The plain meaning of the words of the controlling statute, “medically substantiated disability,” requires more than the employer’s awareness of a medical problem; a physician’s statement is needed to…