Greene v. Department of Workforce Services, 2006 UT App 439 (Utah App. 10/26/2006)
| Decision Date | 26 October 2006 |
| Docket Number | Case No. 20060738-CA. |
| Citation | 2006 UT App 439 |
| Parties | Steve P. Greene, Petitioner, v. Department of Workforce Services, Workforce Appeals Board, Respondent. |
| Court | Utah Court of Appeals |
Steve P. Greene, Preston, Idaho, Petitioner Pro Se Suzan Pixton, Salt Lake City, for Respondent.
Before Judges Bench, Billings, and McHugh.
Steve P. Greene petitions for review of the Workforce Appeals Board's (the Board) final decision issued June 29, 2006. This case is before the court on its sua sponte motion for summary disposition based upon lack of jurisdiction, and the Board's motion for summary disposition based upon lack of a substantial question for review.
A petition for review of an agency's final order must be filed "within 30 days after the date of the written decision or order." Utah R. App. P. 14(a). The Board issued its final order denying Greene's motion for reconsideration on July 18, 2006. Greene filed his petition for review on August 10, 2006. Thus, Greene timely filed his petition for review, and this court has jurisdiction to review his petition.1
Greene argues generally that the Board unreasonably determined that he is liable to repay benefits received in the amount of $364 for a fault overpayment.2 Specifically, he argues that the evidence did not establish each element required to show a fault overpayment. "We will not disturb [an agency's] application of law to its factual findings unless its determination exceeds the bounds of reasonableness and rationality." Johnson v. Department of Employment Sec., 782 P.2d 965, 968 (Utah Ct. App. 1989).
Utah Code section 35A-4-406(4)(b) provides:
If any person, by reason of his own fault, has received any sum as benefits under this chapter to which under a redetermination or decision pursuant to this section he has been found not entitled, he shall repay the sum, or shall, in the discretion of the division, have the sum deducted from any future benefits payable to him, or both.
Utah Code Ann. § 35A-4-406(4)(b) (2005). In addition,
fault is established if the following three elements are present: (a) materiality— "benefits were paid to which the claimant was not entitled"; (b) control—"benefits were paid based on incorrect information or an absence of information which the claimant reasonably could have provided"; and (c) knowledge—"the claimant had sufficient notice that the information might be reportable."
Salzl v. Department of Workforce Servs., 2005 UT App 399,¶21, 122 P.3d 691 (quoting Utah Admin. Code R994-406-403(1)).
The Board reasonably concluded that a fault overpayment was established. On two occasions Greene filed a claim for unemployment compensation benefits, but did not report holiday pay he received from his employer. The result was that Greene received monetary benefits to which he was not entitled. Therefore, materiality is established. Control is established because Greene was paid benefits based on "incorrect information or an absence of information which the claimant reasonably could have provided." Utah Admin. Code R994-406-403(1)(b). Greene simply did not report the holiday benefits paid to him on the...
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