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Shirley E. Caldwell v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 3, 2012

SHIRLEY E. CALDWELL, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR, AND THE HAY GROUP, RESPONDENTS.

On appeal from the Board of Review, Department of Labor, Docket No. 272,545.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 20, 2012

Before Judges A. A. Rodriguez and Reisner.

Claimant, Shirley E. Caldwell, appeals from the final administrative decision by the Board of Review (Board), agreeing with the decision reached by the Appeal Tribunal, which upheld the determination by a Deputy Director (Deputy) that Caldwell "is liable for a refund of $18,373 received as benefits pursuant to N.J.S.A. 43:21-16(d) and N.J.A.C. 12:17-10.2. We affirm.

These are the relevant facts. Caldwell sought and was granted unemployment benefits at the rate of $559 per week. After the total benefit was exhausted, Caldwell filed a claim for Emergency Unemployment Compensation (EUCO8) benefits. She received weekly benefits of $559 from May 23, 2009, through January 2, 2010, for a total amount of $18,373.

On February 19, 2010, the Deputy issued a redetermination finding that Caldwell was ineligible for EUCO8 benefits because she had a valid unemployment claim in Pennsylvania as of May 17, 2009. The amount of the refund was $18,373, representing the total monies she received from New Jersey Unemployment (NJU).

Caldwell appealed the monetary redetermination and the Request for Refund. She participated as the sole witness in a telephone hearing with the Appeal Tribunal, which held Caldwell ineligible for EUCO8 benefits and liable for a refund pursuant to N.J.S.A. 43:21-16(d).

Caldwell appealed the Board. The Board agreed with the findings and analysis of the Appeal Tribunal.

Caldwell appealed to us contending that she "should receive a credit for all monies paid to NJU by Pennsylvania Unemployment (PAU) toward the overpayment." While the appeal was pending, Caldwell moved for supplementation of the appellate record to include proof of payment by PAU. We denied the motion, but temporarily remanded to the Board to permit Caldwell to present evidence of payment. M-004577-11 (App. Div. April 20, 2011). Following the remand hearing, the Appeal Tribunal issued a decision holding Caldwell ineligible for EUCO8 benefits, but reducing the amount of the refund from $18,373 to $6,077, to account for $12,296 paid by PAU.

The Board affirmed the Appeal Tribunal decision, which then moved to dismiss Caldwell's appeal, on the ground that she had not challenged the remanded decision. Caldwell opposed the motion. We denied the motion. M-001534-11 (App. Div. Nov, 7, 2011).

From our careful review of the arguments presented and the administrative record on a whole, we conclude that the decision of the Board is supported by sufficient credible evidence. R. 2:11-3(e)(1)(D).

Affirmed.

20120703

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