Baker v. Department of Employment Security, Industrial Commission

CROCKETT, Justice:

Plaintiff Barry W. Baker seeks a review and reversal of a decision of the Industrial Commission,1 which denied unemployment benefits to the plaintiff and assessed an overpayment penalty of $552 against him. The decision was based on a finding that he had knowingly withheld “the 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. The question presented is whether there is a reasonable basis in the evidence to support that finding.2

On November 18, 1974, the plaintiff filed a claim for unemployment…