Wallace v. Commissioner of Economic Security

Supreme Court of Minnesota

Wallace v. Commissioner of Economic Security

337 N.W.2d 688, 1983 Minn. LEXIS 1278

CourtSupreme Court of Minnesota

DecidedAugust 26, 1983

DocketNo. C2-83-46

StatusPublished

This text of 337 N.W.2d 688 (Wallace v. Commissioner of Economic Security) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wallace v. Commissioner of Economic Security, 337 N.W.2d 688, 1983 Minn. LEXIS 1278 (Mich. 1983).

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Opinion

PETERSON, Justice.

Employee Cleveland Wallace obtained a writ of certiorari to review a decision of the representative of the Commissioner, Department of Economic Security, disqualifying him from the receipt of unemployment compensation benefits for specified weeks in 1981 and 1982 and directing that he refund to the department benefits received during the initial periods. We remand the matter to the representative for a clarification of the decision.

[689]*689The record indicates that the employee completed entitlement forms by stating that he was not employed during the weeks in question when he in fact was engaged in employment. The appeal tribunal concluded that he failed to disclose this information and that it was not isolated instance but repeated instances. The representative affirmed the disqualification but expressed some doubt as to whether the claimant fully understood the responsibility of advising the department of earnings received. This apparent inconsistency in the decision with regard to the intent to misrepresent a material fact must be resolved and the matter is therefore remanded to the representative for clarification of the decision.

Remanded and jurisdiction retained.

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PETERSON, Justice.

Employee Cleveland Wallace obtained a writ of certiorari to review a decision of the representative of the Commissioner, Department of Economic Security, disqualifying him from the receipt of unemployment compensation benefits for specified weeks in 1981 and 1982 and directing that he refund to the department benefits received during the initial periods. We remand the matter to the representative for a clarification of the decision.

[689]*689The record indicates that the employee completed entitlement forms by stating that he was not employed during the weeks in question when he in fact was engaged in employment. The appeal tribunal concluded that he failed to disclose this information and that it was not isolated instance but repeated instances. The representative affirmed the disqualification but expressed some doubt as to whether the claimant fully understood the responsibility of advising the department of earnings received. This apparent inconsistency in the decision with regard to the intent to misrepresent a material fact must be resolved and the matter is therefore remanded to the representative for clarification of the decision.

Remanded and jurisdiction retained.

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Bluebook (online)

337 N.W.2d 688, 1983 Minn. LEXIS 1278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-commissioner-of-economic-security-minn-1983.