In re the Claim of Bal

Summary

The New York Appellate Division, Third Department, affirmed an Unemployment Insurance Appeal Board determination that the claimant was not totally unemployed while receiving benefits. The court held that substantial evidence supported findings that he willfully misrepresented his business activities, making the $29,767.50 overpayment recoverable and justifying the forfeiture of 912 future benefit days.

Holdings

1. The Board's finding that claimant willfully made inaccurate reports about his business activities was supported by substantial evidence and therefore would not be disturbed.
2. Because substantial evidence supported the determination that claimant willfully made inaccurate reports, recovery of the $29,767.50 overpayment and forfeiture of 912 days of future benefits were proper.

Questions Presented

1. Whether substantial evidence supported the Board's determination that claimant willfully misrepresented his business activities while reporting that he was totally unemployed.
2. Whether recovery of the unemployment-benefit overpayment and the reduction of future benefits were proper.

Disposition

affirmed