Legal Opinion

Millar v. New Mexico Department of Workforce Solutions

New Mexico Supreme Court

Decided April 3, 2013No. 34,045; Docket No. 31,581PublishedCited by 5 opinions

1Opinion of the Court

OPINION

VANZI, Judge.

The New Mexico Department of Workforce Solutions (DWS) appeals from a district court order reversing a decision of the DWS’s Appeals Tribunal (Tribunal). The Tribunal determined that claimant Frank Millar was required to repay an overpayment of unemployment compensation benefits in the amount of $4,931. The district court held that the Tribunal’s hearing, conducted five months after Millar started receiving benefits, violated the timeliness requirements for processing appeal claims under state and federal law. In the alternative, the district court found that the doctrine…

2Cases cited10 opinions

  1. California Department of Human Resources Development v. JavaSupreme Court of the United States · 1971
  2. Rio Grande Chapter of the Sierra Club v. New Mexico Mining CommissionNew Mexico Supreme Court · 2002
  3. Gracia v. BittnerNew Mexico Court of Appeals · 1995
  4. Fitzhugh v. New Mexico Department of Labor, Employment Security DivisionNew Mexico Supreme Court · 1996
  5. Stennis v. City of Santa FeNew Mexico Supreme Court · 2008

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Millar v. N.M. Dep't of Workforce SolutionsNew Mexico Court of Appeals · 2013
  2. New Mexico Department of Workforce Solutions v. GarduñoNew Mexico Court of Appeals · 2014
  3. N.M. Dep't of Workforce Solutions v. GardunoNew Mexico Court of Appeals · 2014
  4. Narvaez v. New Mexico Department of Workforce SolutionsNew Mexico Supreme Court · 2013
  5. NM Dep't of Workforce Solutions v. GardunoNew Mexico Court of Appeals · 2014

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