Richardson v. Review Board of the Indiana Employment Security Division

I concur in the result in this case. I do not agree that the certainty of economic injury is ever a factor to be considered in determining the suitability of offered employment.

My conclusion is easily reached by looking no further than the effect of the statute's use of the term "shall" and the rule of expressio unius est exclusio alterius. The crucial portions of Indiana's unemployment compensation legislation read as follows:

"(a) In determining whether or not any such work is suitable for an individual, the division shall consider the degree of risk involved to such individual's health,…