Legal Opinion

Diversified Technical Services, Inc. v. Indiana Department of Workforce Development

Indiana Court of Appeals

Decided October 12, 2017No. Court of Appeals Case 93A02-1702-EX-422Published

1Opinion of the Court

Bailey, Judge.

Case Summary

Diversified Technical Services,' Inc. (“DTS”) appeals.the decision of a Liability Administrative Law Judge (“ALJ”) concluding that DTS was a successor employer that had assumed unemployment tax liabilities, upon acquiring substantially all the assets of Diverse Technical Services (“Diverse”), an entity owned by Pokey, Inc. DTS raises a single issue, whether the ALJ erred as a matter of law in concluding that DTS is a successor employer of Diverse or Pokey, Inc., 1 under Indiana Code Section 22-4-10-6(a). We reverse.

Facts and Procedural History

Pokey, Inc., an entity…

2Cases cited7 opinions

  1. Ashlin Transportation Services, Inc. v. Indiana Unemployment Insurance BoardIndiana Court of Appeals · 1994
  2. Indiana Dept. of Environmental Mgt. v. WestIndiana Supreme Court · 2005
  3. Indianapolis Concrete, Inc. v. Unemployment Insurance Appeals of the Indiana Department of Workforce DevelopmentIndiana Court of Appeals · 2009
  4. Astral Industries, Inc. v. Indiana Employment Security BoardIndiana Court of Appeals · 1981
  5. D & D NAPA, Inc. v. Unemployment Insurance Appeals of the Indiana Department of Workforce DevelopmentIndiana Court of Appeals · 2015

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