State of West Virginia ex rel. Radcliff v. Davidson, 225 W. Va. 80

Summary

The Supreme Court of Appeals of West Virginia reviewed a circuit court's dismissal of the Commissioner's action to recover unemployment compensation allegedly overpaid to Perry D. Davidson. The court held that the final administrative order established the amount of the overpayment and reversed and remanded for entry of judgment in favor of the Commissioner.

Holdings

1. The record clearly established that Davidson was overpaid $1,962 and that the Commissioner was entitled to recover that amount.
2. The Commissioner's unappealed November 14, 2000 administrative order determining the overpayment was final and conclusive in the collection action.

Questions Presented

1. Whether the circuit court clearly erred in finding that the Commissioner failed to establish the amount of unemployment compensation overpayments owed by Davidson.
2. Whether the unappealed administrative order determining that Davidson owed $1,962 in overpaid benefits was final and conclusive in the Commissioner's later collection action.

Disposition

reversed_and_remanded