New London Nursing Home, Inc. v. Lindeman

OPINION

PARKER, Judge.

New London Nursing Home, Inc., challenges the constitutionality of a statute requiring its experience rating account to be charged in part for unemployment compensation benefits paid to respondent Leann V. Lindeman. The Commissioner of Economic Security upheld the statute but declined to consider the constitutional challenge due to lack of jurisdiction. We find the statute unconstitutional as applied and therefore reverse the Commissioner’s decision.

FACTS

Leann Lindeman is employed part-time as a nurse’s aide at the Glen Oaks Nursing Home. She works two eight-hour shifts…