Opinion

Indiana Department of Public Welfare v. DeVoux

  • 161 Ind. App. 40
  • 314 N.E.2d 79
  • 1974 Ind. App. LEXIS 901
Court
Indiana Court of Appeals
Filed
Jul 25, 1974
Status
Published
Author
White
On the bench
Sullivan, White
Cited by
11 cases
Authority
More cited than 9.3%

The opinion

Concurring and Dissenting Opinion

White, J.

I concur in the majority opinion insofar as it affirms the trial court judgment, but I also agree with appellee’s contention that once the improperly considered evidence is excluded from consideration, the evidence establishes as a matter of law that he is entitled to disability benefits. The *54 majority seems to say that it, too, would agree but for the fact that the improperly considered evidence was not inherently improper but only procedurally so. The distinction escapes me. However the consideration of that evidence is characterized, it resulted in agency action being unlawfully withheld. Under the A.A.A. provision the majority has emphasized the reviewing Superior Court was authorized to compel that action. As I understand its judgment that is precisely what it did and it should, therefore, be affirmed.

Note. — Reported at 314 N.E.2d 79 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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