Luskin v. Department of Employment

I disagree with the majority’s conclusion that the second appeals examiner and the Industrial Commission lacked jurisdiction to adjudicate the issue of appellant’s alleged willful misrepresentation. The majority’s reasoning in my opinion finds no support in the Employment Security Act. It will also have a detrimental effect on the department’s ability to deal with claimants who willfully misrepresent facts in order to obtain unemployment benefits.

I

The determination of a claimant’s eligibility for unemployment compensation is not necessarily a one time affair. A claimant must establish…