Unemployment Compensation: Overpayment-Workers’ Compensation Claim-Good Faith

Where appellant challenged a decision finding that he had been improperly paid federal pandemic unemployment compensation and state employment benefits because he was ineligible for benefits due to an open workers’ compensation claim, the employer and workers’ compensation insurance carrier confirmed that the appellant was not paid any temporary total disability benefits under the workers’ compensation system, and the appellant made a good faith effort to attend all telephone hearings and to inform the division of the difficulties he encountered, and the conclusion that his application for review was untimely was in error, so the judgment is reversed and remanded for a hearing on the merits of whether appellant was disqualified from receiving unemployment benefits.

Judgment is reversed and remanded.

Johnes v. Division of Employment Security (MLW No. 79941/Case No. WD85570 – 12 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from the Labor and Industrial Relations Commission (Sarah Louise Lipp, Jefferson City, for respondent) (Timothy W. Johnes, pro se).