IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
DUANE E. HANSMAN, :
Plaintiff-Appellant, : CASE NO. CA2003-09-224
: O P I N I O N
-vs- 2/9/2004
:
DIRECTOR, OHIO DEPARTMENT :
OF JOB & FAMILY SERVICES,
et al., :
Defendants-Appellees. :
CIVIL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CV2002-06-1593
Holbrock & Jonson Co., L.P.A., Timothy R. Evans, 315 S. Monument Avenue, P.O. Box 687, Hamilton, OH 45011, for plaintiff-appellant, Duane E. Hansman
Jim Petro, Ohio Attorney General, D.J. Hildebrandt, Assistant Attorney General, Health & Human Services Section, 441 Vine Street, 1600 Carew Tower, Cincinnati, OH 45202, for appellee, Director, Ohio Department of Job & Family Services
Schottenstein, Zox & Dunn Co., L.P.A., Paul L. Bittner, Aaron L. Granger, P.O. Box 165020, Columbus, OH 43216-5020, for defendant-appellee, USF Holland, Inc.
YOUNG, P.J.
- Plaintiff-appellant, Duane Hansman, appeals a decision of the Butler County Court of Common Pleas affirming the Unemployment Compensation Review Commission's determination that appellant is not entitled to unemployment benefits. We affirm the decision of the trial court.
- USF Holland discharged appellant from employment on October 31, 2001. Appellant filed an application for unemployment benefits with the Ohio Department of Jobs and Family Services (ODJFS) in January 2002. Although it initially allowed the claim for benefits, ODJFS subsequently determined appellant was not entitled to benefits because USF Holland discharged appellant for just cause due to excessive absences and tardiness. Appellant appealed this determination and the findings were affirmed pursuant to a Director's Re-determination. Appellant appealed the Re-determination.
- The case was transferred to the Unemployment Review Commission. A hearing officer conducted a hearing on the appeal by telephone. Appellant and a union steward testified. The employer did not participate in the hearing. The hearing officer affirmed the Director's Re-determination denying benefits. Appellant appealed the decision to the Butler County Court of Common Pleas pursuant to R.C. 4141.282. The trial court determined that the Review Commission's decision was not unlawful, unreasonable or against the manifest weight of the evidence and affirmed the denial of benefits.
- Appellant now appeals the trial court's decision affirming the Review Commission's denial of benefits. In a single assignment of error, he contends that the trial court erred in affirming the denial of unemployment benefits. Within this assignment of error, appellant raises several issues for our consideration.
- When reviewing a decision of the Unemployment Commission, both the court of common pleas and appellate courts must affirm the commission's decision unless it is unlawful, unreasonable or against the manifest weight of the evidence. Tzangas, Plakas & Mannos v. Ohio Bur. of Emp. Serv., 73 Ohio St.3d 694, 697,
WALSH and VALEN, JJ., concur.