Indiana § 22-4-1-2 - Unemployment application considered request for benefits from unemployment insurance benefit trust fund; commissioner responsible for proper payment of unemployment benefits; no burden of proof for entitlement to unemployment benefits; no presumption of entitlement or nonentitlement to unemployment benefits

§ 22-4-1-2. Unemployment application considered request for benefits from unemployment insurance benefit trust fund; commissioner responsible for proper payment of unemployment benefits; no burden of proof for entitlement to unemployment benefits; no presumption of entitlement or nonentitlement to unemployment benefits

Sec. 2. (a) Unemployment benefits are paid from state funds and are not considered paid from any special insurance plan or by an employer. An application for unemployment benefits is not considered a claim against an employer, but is considered a request for unemployment benefits from the unemployment insurance benefit trust fund.

(b) The commissioner is responsible for the proper payment of unemployment benefits without regard to the level of interest or participation in any determination or appeal by an applicant or an employer.

(c) An applicant's entitlement to unemployment benefits is determined based on the information that is available without regard to a burden of proof. An agreement between an applicant and an employer is not binding on the commissioner in determining an applicant's entitlement to unemployment benefits.

(d) There is no presumption of entitlement or nonentitlement to unemployment benefits. There is no equitable or common law allowance for or denial of unemployment benefits.

As added by P.L.121-2014, SEC.5.

IC 22-4-2Chapter 2. Definitions

22-4-2-1Benefits 22-4-2-2Partial benefits 22-4-2-3Repealed 22-4-2-3.5Commissioner 22-4-2-4Contributions 22-4-2-5Repealed 22-4-2-6State 22-4-2-7Employment office 22-4-2-8Employment and training services administration fund 22-4-2-9Fund 22-4-2-10Special employment and training services fund 22-4-2-11Department 22-4-2-12Base period 22-4-2-12.5Base period; persons receiving worker's compensation 52 weeks or less 22-4-2-13Calendar quarter 22-4-2-14Week 22-4-2-15Weekly benefit amount 22-4-2-16Annual payroll 22-4-2-17Computation date 22-4-2-17.5Determination date 22-4-2-18Balance 22-4-2-19Agency 22-4-2-20Jurisdiction 22-4-2-21Benefit period 22-4-2-22Valid claim 22-4-2-23New claim 22-4-2-24Additional claim 22-4-2-25Insured worker 22-4-2-26Insured work 22-4-2-27Repealed 22-4-2-28Repealed 22-4-2-29Insured unemployment 22-4-2-30"Hospital" 22-4-2-31Eligible postsecondary educational institution 22-4-2-32Payment in lieu of contributions 22-4-2-33New work 22-4-2-34Extended benefits; additional definitions 22-4-2-35Credit reserve ratio 22-4-2-36Debit reserve ratio 22-4-2-37School 22-4-2-38Review board 22-4-2-39Liability administrative law judge 22-4-2-40Repealed 22-4-2-41Suitable work 22-4-2-42Systematic and sustained effort 22-4-2-43Tangible evidence of an active search 22-4-2-44American vessel 22-4-2-45Approved training 22-4-2-46Employee 22-4-2-47Full time 22-4-2-48Governmental entity 22-4-2-49Instructional 22-4-2-50Instrumentality 22-4-2-51Political subdivision 22-4-2-52Principal administrative 22-4-2-53Research 22-4-2-54Vessel