Unemployment Compensation: Emergency Benefits – Overpayment – Good Faith

Where a claimant, who received emergency unemployment compensation benefits in Missouri although he was eligible for regular unemployment compensation benefits in Kansas, was ordered to repay the overpaid amount, the decision is vacated and remanded because the federal law regarding the repayment of emergency funds allows a state agency to waive repayment when the recipient is determined to be without fault.

Vacated; remanded.

Hergins v. Division of Employment Security (MLW No. 63395/Case No. WD73190 – 12 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.) Appealed from the Labor and Industrial Relations Commission (Homer Hergins Jr., pro se) (Larry Raymond Ruhmann, Jefferson City, for respondent).

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