CLAUDIA BERNARD, Plaintiff-Appellant,
v.
UNEMPLOYMENT COMPENSATION REVIEW COMMISSION, et al., Defendant-Appellants.
Court of Appeals of Ohio, Second District, Miami County.https://leagle.com/images/logo.png
Rendered on March 9, 2012.
Rendered on March 9, 2012.
Attorney(s) appearing for the Case
ROBERT L. GUEHL, Atty. Reg. #0005491, Burton Law, LLC, 5540 Far Hills Avenue, Dayton, Ohio 45429, Attorney for Plaintiff-Appellant, Claudia Bernard.
MICHAEL DeWINE, by ROBERT A. JARVIS, Atty. Reg. #0069752, Ohio Attorney General's Office, 1600 Carew Tower, 441 Vine Street, Cincinnati, Ohio 45202-2809, Attorney for Defendant-Appellee, Director, Ohio Dept. of Job and Family Services.
W. ROGER FRY, Atty. Reg. #0009819, and WILLIAM H. FRY, Atty. Reg. #0079108, Rendigs, Fry, Kiely & Dennis, LLP, One West Fourth Street, Suite 900, Cincinnati, Ohio 45202-3688, Attorneys for Defendant-Appellee, Wakeman Educational Foundation.
Court of Appeals of Ohio, Second District, Miami County.
OPINION
HALL, J.
{¶ 1} The issue presented here is whether the amount of pretax pay that an employee elects to place in a flexible spending account (FSA) for qualifying medical expenses constitutes "remuneration" under Ohio's unemployment compensation law. It is the Ohio Department of Job and Family Services's (ODJFS) position that it does not. Because the ODJFS is the agency charged with implementing and administering this law and because...
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