Summary
This Appellate Division, Third Department opinion affirms the Unemployment Insurance Appeal Board's denial of a claimant's application to reopen a prior decision regarding her eligibility for unemployment insurance benefits. The court found substantial evidence supporting the Board's determination that the claimant was ineligible because she received wages during a store closure and was medically unable to work due to cancer treatment while falsely certifying her availability for employment. Consequently, the court upheld the Department of Labor's findings of willful misrepresentation, ordering the recovery of overpaid benefits and imposing monetary penalties.
Topics
Practice areas
Questions Presented
- Whether the Board's determination that the claimant was ineligible for unemployment benefits was supported by substantial evidence.
- Whether the Board's imposition of overpayment recovery and penalties for alleged willful misrepresentation was proper.
- Whether the Board abused its discretion in denying the claimant's application to reopen the prior decision.
Holdings
- The Board's finding that the claimant was not totally unemployed from March 16, 2020 to August 31, 2020 and not capable of work from March 28, 2020 to April 27, 2021 is supported by substantial evidence and is affirmed.
- The Board properly found that the claimant willfully misrepresented her availability for work and may recover overpayments and impose penalties.
- The Board did not abuse its discretion in denying the application to reopen; the denial is affirmed.
Key quotations
“Whether a claimant is ready, willing and able to work is a question of fact for the Board to resolve and its determination will not be disturbed if supported by substantial evidence.”
“Whether a claimant has made a willful misrepresentation to obtain benefits is a factual issue for the Board to resolve and will be upheld if supported by substantial evidence.”
Factual background
From January to October 2020 the claimant worked part‑time for a retail store that closed in March 2020 due to COVID‑19. She continued to receive wages without performing services and was diagnosed with cancer in March 2020, rendering her unable to work through April 2021. She filed for unemployment benefits covering March 2020‑May 2021 and received regular and pandemic benefits. The Department of Labor found she was not totally unemployed or capable of work during the claimed periods and imposed overpayment recovery and penalties, which the Board affirmed.
Procedural history
The Unemployment Insurance Appeal Board affirmed the Department of Labor's finding that the claimant was ineligible for benefits and imposed recovery of overpayments and penalties. The claimant timely applied to reopen the Board's decision, which the Board denied. The Appellate Division reviewed the Board's determinations.