Indiana Code
Ind. Code § 22-4-1-2 (2026)
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
✓ current as of May 2026
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
22-4-2-30Hospital
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
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 2015–2021 · leading case: James E. Reed v. Review Bd. of the Indiana Dep't of Workforce Dev., & A.W. Holdings, LLC, 32 N.E.3d 814 (Ind. Ct. App. 2015).
James E. Reed v. Review Bd. of the Indiana Dep't of Workforce Dev., & A.W. Holdings, LLC, 32 N.E.3d 814 (Ind. Ct. App. 2015). “I, 2014) (enacting Ind.Code § 22-4-1-2). 3 . At the hearing, when asked if he knowingly failed to follow Client D’s BSP, Employee testified: "No, I did not fail to follow it.”
K.L. v. Review Bd. of the Indiana Dep't of Workforce Dev. & Indiana Univ. Health (mem. dec.) (Ind. Ct. App. 2015). “Whether enactment of Ind. Code Ann. § 22-4-1-2 (West, Westlaw current with all 2015 First Regular Session of the 119th General Assembly legislation), which redefined the burden-shifting framework previously applied in making determinations as to unemployment benefits, violates…”
Co. v. Review Bd. of the Indiana Dep't of Workforce Dev. & S.W., 113 N.E.3d 1214 (Ind. Ct. App. 2018). “See Ind. Code § 22-4-1-2 (c). The Act now provides that a claimant's "entitlement to unemployment benefits is determined based on the information that is available without regard to a burden of proof .”
D.S. v. Review Bd. of the Indiana Dep't of Workforce Dev. (mem. dec.) (Ind. Ct. App. 2018). “Ind. Code § 22-4-1-2 (c). “There is no presumption of entitlement or nonentitlement to benefits.”
Timothy C. Platt v. Review Bd. of the Indiana Dep't of Workforce Dev. (mem. dec.) (Ind. Ct. App. 2017). “Platt’s receipt of Unemployment Insurance benefits. The current ALJ allowed information that was not properly entered as evidence to be considered.”
New Carlisle-Olive Twp. Pub. Library v. Review Bd. of the Ind. Dept. of Workforce Dev. & Stephen J. Boggs (mem. dec.) (Ind. Ct. App. 2015). “3 Effective July 1, 2014, Indiana Code section 22-4-1-2(c) provides that “entitlement to unemployment benefits is determined based on the information that is available without regard to a burden of proof.”
Wernle Youth & Fam. Treatment Ctr., Inc. v. Review Bd. of the Indiana Dep't of Workforce Dev. & C.B. (mem. dec.) (Ind. Ct. App. 2015). “Ind. Code § 22-4-1-2 (c). “There is no presumption of entitlement or nonentitlement to benefits.”
JG v. Review Bd. (mem. dec.) (Ind. Ct. App. 2017). “§ 22-4-1-2(d). Although the employer has no statutory burden of proof, case law has divided Indiana Code section 22-4-15-1(d)(2) into three main parts “to show that the claimant: (1) knowingly violated; (2) a reasonable; and (3) uniformly enforced rule.”
Graham v. City of Elkhart (N.D. Ind. 2021). “CODE § 22-4-1-2 (2014)) as Ms. Graham acknowledges (DE 1 at 6; DE 1-1 at 2.”
— Ind. Code § 22-4-1-2(c) — 3 cases
Co. v. Review Bd. of the Indiana Dep't of Workforce Dev. & S.W., 113 N.E.3d 1214 (Ind. Ct. App. 2018). “See Ind. Code § 22-4-1-2 (c). The Act now provides that a claimant's "entitlement to unemployment benefits is determined based on the information that is available without regard to a burden of proof .”
New Carlisle-Olive Twp. Pub. Library v. Review Bd. of the Ind. Dept. of Workforce Dev. & Stephen J. Boggs (mem. dec.) (Ind. Ct. App. 2015). “3 Effective July 1, 2014, Indiana Code section 22-4-1-2(c) provides that “entitlement to unemployment benefits is determined based on the information that is available without regard to a burden of proof.”
K.L. v. Review Bd. of the Indiana Dep't of Workforce Dev. & Indiana Univ. Health (mem. dec.) (Ind. Ct. App. 2015). “Whether enactment of Ind. Code Ann. § 22-4-1-2 (West, Westlaw current with all 2015 First Regular Session of the 119th General Assembly legislation), which redefined the burden-shifting framework previously applied in making determinations as to unemployment benefits, violates…”
— Ind. Code § 22-4-1-2(d) — 1 case
JG v. Review Bd. (mem. dec.) (Ind. Ct. App. 2017). “§ 22-4-1-2(d). Although the employer has no statutory burden of proof, case law has divided Indiana Code section 22-4-15-1(d)(2) into three main parts “to show that the claimant: (1) knowingly violated; (2) a reasonable; and (3) uniformly enforced rule.”
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