Casillas v. Arizona Dept. of Economic Sec.

• Decision Date: 01 April 1986
• Docket Number: CA-UB,No. 1,1
• Citation: 153 Ariz. 579,739 P.2d 800
• Parties: Andres CASILLAS, Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an agency, Appellee. 428.
• Court: Arizona Court of Appeals

Page 800

739 P.2d 800

153 Ariz. 579

Andres CASILLAS, Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, an agency, Appellee.

No. 1 CA-UB 428.

Court of Appeals of Arizona Division 1, Department C.

April 1, 1986.

Reconsideration Denied May 19, 1987.

[153 Ariz. 580] Community Legal Services by Anne Ronan, Mesa, for appellant.

Robert K. Corbin, Atty. Gen., by Frank Sagarino, Asst. Atty. Gen., Phoenix, for appellee.

OPINION

HAIRE, Judge.

Appellant was terminated from a job as a lettuce packer in April 1981. He applied to the Arizona Department of Economic Security (DES) for unemployment benefits and was found to be eligible. From April 26 to October 3, 1981, he received $95 per week in benefits. In October 1981 appellant told a DES deputy that he did not want to take a job picking lemons because it involved climbing ladders. The deputy gave him a Report of Illness or Physical Disability to be completed by a doctor. Appellant, who speaks only Spanish and reads neither English nor Spanish, took the form to a doctor in Mexico. The completed form indicated that appellant had been unable to work from April 15 through November 15, 1981, due to a heart condition.

Upon receiving the completed form the deputy determined that appellant had been unable to work and thus had been ineligible for benefits for an indefinite period beginning April 19, 1981. The determination also stated that appellant was indebted to DES for overpayments received by him during that period. Appellant appealed from the determination and had a hearing before an appeal tribunal. Appellant had the benefit of an interpreter, but was not represented by counsel. The determination was affirmed. The appeal tribunal found that appellant had not rebutted the presumption, raised by the doctor's statement, that he was unable to work from April 19 through October 31, 1981. See A.C.R.R. R6-3-52190.

Appellant requested review. The appeals board, in a decision dated January 22, 1982, affirmed the determination that appellant was unable to work from April 26 through October 31, but remanded for a re-determination concerning the week of April 19, during which time appellant had not yet applied for or received benefits. On remand it was determined that appellant had been able to work during that week.

Appellant applied for appeal to this court on that portion of the decision which had not been remanded. We denied the application. See A.R.S. § 41-1993(B).

Appellant then reapplied for benefits for a later period. An administrative penalty for fraudulent misrepresentation was imposed which disqualified him for future benefits from May 2 through July 10, 1982. At a hearing on appellant's appeal from the administrative penalty, appellant produced an affidavit from his doctor which indicated that the doctor had misunderstood the form he had filled out, that he had not examined appellant and that he had no medical opinion concerning appellant's ability to work during the time period for which DES claimed that appellant had been paid benefits to which he was not entitled, April 26 through October 31, 1981. Concerning this time period, the appeal tribunal found that appellant "was able to work during the entire period of his filing and did not make a false statement connected with the claims." Accordingly, the administrative penalty was removed on January 18, 1983.

One week later appellant's counsel sent a letter to DES to find out whether the previous overpayment determination was still effective, in light of DES's later decision on the administrative penalty, and if an overpayment did exist, how it was classified. On March 14, 1983, the deputy reclassified the overpayment as non-fraudulent, but found that it was not completely without fault on appellant's part. This meant that DES was still holding appellant liable for repayment of benefits received by him during the period from April 26 to October 3, 1981, even though it had subsequently been factually determined that he had been physically able to work and thus was entitled to benefits during that period. Appellant appealed the reclassification and was granted a hearing.

At the hearing appellant's counsel explained to the appeal tribunal that there had been two previous determinations which were factually incompatible with the existence of an overpayment. She also asked the hearing officer to accept the previous determination that appellant was able to work during the entire claim period and that he did not make a false statement. Counsel asked that DES not relitigate these issues. The appeal tribunal affirmed the determination which required appellant to repay the benefits paid to him during the questioned period. That decision was affirmed on review by the appeals board.

This court granted appellant's application for appeal. The only issue on appeal is whether the determination at the administrative penalty hearing that appellant was able to work and had not made a false statement precluded relitigation of that issue at the reclassification...