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Unemployment Compensation: Overpayment-Sufficiency of Evidence
Staff Report//February 26, 2025//
Claimant appealed the commission’s judgment affirming a decision finding that claimant was overpaid unemployment compensation benefits. Claimant challenged the sufficiency of the evidence supporting the calculation of the overpayment.
Where no evidence was presented to refute claimant’s argument that the overpayment was caused by administrative delays in determining his eligibility for unemployment compensation, the commission erred in ordering repayment where there was no basis to excuse the division’s statutory obligation to promptly examine claim petitions.
Judgment is reversed.
Schmidt v. Division of Employment Security (MLW No. 82781/Case No. ED112783 – 13 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appeal from the Labor and Industrial Relations Commission. (Michael C. Schmidt, appellant pro se) (Andrea M. Follett and Bart A. Matanic for respondent)
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