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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

Court Summary:

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.

Download Armour-Mottaz v. Div. of Emp't Sec.

© Copyright 2023 Armstrong Teasdale LLP. All rights reserved National Law Review, Volume IV, Number 92

About this Author

John F. Cowling, Litigation Attorney, Armstrong Teasdale, Law firm

An accomplished litigator, John Cowling counsels organizations through a range of strategic business decisions. He practices primarily in the areas of general litigation, environmental litigation and information technology law.

Jeffery T. McPherson, Trial attorney, Armstrong Teasdale Law Firm

Jeff McPherson is a trial and appellate lawyer handling all phases of commercial, tort, real estate, municipal and governmental litigation. He is AV® peer review rated, Martindale-Hubbell’s highest rating for legal ability and ethical standards. 

Laura A. Bentele, Litigation Attorney, Armstrong Teasdale, Law firm

Laura Bentele is an associate attorney in the Litigation group practicing in the areas of complex commercial litigation and white collar criminal defense. To achieve optimal outcomes, Laura anticipates clients’ strategic and practical business considerations. Committed to effective case management, she is versed in all phases of discovery, trial preparation and negotiation of settlements with opposing counsel. Laura strives to maintain open avenues of communication to ensure that clients receive representation that meets their business needs.