Martin Brothers Implement Co. v. Diepholz

Defendant, Board of Review, Illinois Department of Labor (Board) determined that plaintiff, Judith L. Thompson, was ineligible to receive Illinois unemployment insurance benefits from May 25, 1980, through August 2, 1980, because she had failed to apply for available suitable work when so directed by the State employment service. On review under the Administrative Review Act (Ill. Rev. Stat. 1981, ch. 110, par. 3-101 et seq.), the trial court found the Boards decision to be against the manifest weight of the evidence and reversed that portion of the Boards decision which denied plaintiff benefits during the period from May 25, 1980, through August 2, 1980, and which permitted recoupment of benefits paid to plaintiff during that period. The Illinois Department of Labor has appealed, contending that the trial court erred in finding its administrative decision to be against the manifest weight of the evidence.