Vito Diprizio v. Industrial Commission

ELLETT, Chief Justice: Plaintiff Vito Diprizio, seeks reversal of a decision of the Industrial Commission, which denied his application for further unemployment benefits and required him to repay $1,217 which it found he had been paid without being entitled thereto, in that the Commission found that the plaintiff had knowingly withheld "material facts of his work and earnings to receive benefits to which he was not entitled," in violation of § 35-4-5(e), U.C.A. 1953. He argues: (1) that the evidence does not justify a finding that he "knowingly" violated the statute; and (2) that the imposition of such a harsh and arbitrary remedy is contrary to and defeative of the purpose of the Unemployment Compensation Act.