Denial of Unemployment Compensation in the Face of Misrepresentations
Informative case with respect to the denial of unemployment compensation for a nursing assistant who made mispresentations to get benefits.
In this consolidated appeal, Vicki Armour-Mottaz (Claimant) appeals from the final decision of the Labor and Industrial Relations Commission (the Commission) affirming the decisions of the Appeals Tribunal, which affirmed the previous determinations by the Division of Employment Security, finding that Claimant had been ineligible to receive unemployment compensation for certain periods and had been overpaid unemployment compensation.
Division three holds:
Substantial and competent evidence on the record as a whole supported the Commission's final decision affirming the decisions of the Appeals Tribunal finding that Claimant was not credible and that she intentionally misrepresented material facts regarding her ability and availability for full-time work; thus, the Commission did not err in affirming the Appeals Tribunal's deicsions that Claimant was ineligible for unemployment benefits due to her intentional mispresentations and the Commission's decision was not based solely on Claimant's approval for SSD benefits but on the record as a whole.