Friday, February 18, 2011

Utah Court of Appeals: Workforce Appeals Board Decisions Upheld Again

In two cases decided on Thursday, February 11th, the Utah Court of Appeals affirmed decisions of the Workforce Appeals Board.  In Konan v. DWS, the Utah Court of Appeals affirmed a fraud overpayment finding against a claimant who was required to repay the amount he received and to pay a statutory penalty.  The man who claimed to be unemployed was actually self-employed and operating his own business at the time he was claiming unemployment.  Although he argued that he would suffer a financial hardship in being required to make the repayment and pay the penalty, the Court noted that "once the elements of fraud have been found, the statutory penalty cannot be altered." 

In Welte v. DWS, the Court of Appeals affirmed the Board's determination that an employee quit when she did not return to work although no one told her that her employment was terminated.  In fact, she refused to return even after being asked to return.

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