Borum v. Employment Dept.

For the purposes of overpayment of unemployment compensation, a claimant may be considered “at fault” in bringing about the overpayment, and its repayment cannot be waive if the claimant mistakenly provided inaccurate information on a benefits application. Affirmed.

Plaintiff, Claimant for Emergency Unemployment Compensation (EUC) appeals the decision of an Administrative Law Judge (ALJ), which determined his ineligibility for unemployment benefits and further ordered repayment of some benefits paid. Employment Dept. determined Claimant was ineligible because she voluntary left her previous employment without good cause. For Claimant’s initial determination of eligibility, Claimant answered “no” to the question “did you quit a job last week.” Claimant argues that she was mistaken in the definition of voluntary and had good reason to believe that she was answering correctly. Claimant also argues that Employment Dept. should waive repayment, which is within their discretionary capacity when when claimant is not at fault. The Court held that “at fault” includes mistakenly providing inaccurate information that results in overpayment, and repayment cannot be waived. Affirmed.