F. Mel Whitney v. Board Review Industrial

ELLETT, Chief Justice: We here review proceedings before the Department of Employment Security which resulted in appellant's disqualification to receive unemployment compensation and an overpayment assessment against him. The specific sanction employed by Respondent Board of Review is provided by Section 35-4-5 of the Employment Security Act. Appellant claims no failure of the Department to follow statutory procedure in involving the sanction. The evidence is unrefuted (and appellant does not even deny) that appellant filed a series of claims with Employment Security in which he understated his income from employment. The forms were filed so shortly after the periods they covered that the true facts must have been fresh in appellant's mind. His own testimony is not that he was confused as to the facts but that he was in deep emotional distress and that he felt a strong compulsion to repay his son for support his son had provided.