# Wadlington v. Mindes

> Illinois Supreme Court · May 27, 1970 · 45 Ill. 2d 447

URL: https://www.frixlaw.com/law-library/cases/9884482

## Case

- **Full name:** Joe Wadlington, Appellant, vs. Marvin W. Mindes Et Al., Appellees
- **Court:** Illinois Supreme Court
- **Decided:** May 27, 1970
- **Citations:** 45 Ill. 2d 447; 259 N.E.2d 257; 1970 Ill. LEXIS 602
- **Precedential status:** Published
- **Opinion:** Concurrence by Underwood
- **Judges:** William J. Scott
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9884482

## Opinion text

Mr. Chief Justice Underwood, specially concurring:
The court reaches the constitutional issues in this case only because it holds the burden is on the Department to show the absence of “good cause” for claimant’s second period of unemployment. With this holding I disagree. The claimant left his job because of an ankle injury and not because of any action by the employer. So far as I am aware, this record contains no indication that the claimant could not have returned to that employment as soon as he had sufficiently recovered. He made no attempt to do so. Under these circumstances it seems to me the burden is properly upon the claimant to demonstrate the unavailability of that employment in order to receive unemployment compensation benefits. I would accordingly affirm on that ground without reaching the constitutional issues.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9884482. Public record. Not legal advice.