McKinley v. Review Board of the Indiana Employment Security Division

This is an appeal from a decision of the Reveiw Board affirming a referee’s denial of unemployment compensation. We affirm.

We previously overruled a motion to dismiss (see 283 N.E.2d 395, 31 Ind. Dec. 145) and the appeal is now before us on its merits.

The appellant-employee’s claim for unemployment compensation was denied without hearing by a deputy on the basis of the employer’s response alleging that the employee had been caught gambling on the premises. The employee requested a hearing before a referee at which hearing the employer appeared by a bookkeeper and without counsel. The…