Virginia Employment Commission v. Nunery

FITZPATRICK, Judge.

The Virginia Employment Commission (VEC) appeals from a judgment of the Circuit Court of the City of Richmond and contends that the court erred in: (1) reversing the VEC’s decision on an issue not preserved or certified for appeal; and (2) failing to offset Mamie D. Nunery’s (Nunery) unemployment benefits by the retroactive lump sum payment of social security disability benefits she received. For the reasons that follow, we reverse the decision of the trial court.

BACKGROUND

The facts are uncontested. During the period of October 4, 1992, through March 19,1994, Nunery…