Maryland Employment Security Administration v. Holy Cross Hospital of Silver Spring, Inc.

This appeal is taken by the Board of Appeals (Board) of the Maryland Employment Security Administration (ESA) from an order of the Circuit Court for Montgomery County (Cahoon, J.), reversing a previous decision of the Board. The Board had concluded that employers who elect to be “reimbursers” under art. 95A, § 8 (d), Md. Code, are liable for reimbursement to the ESA of all benefits paid, including overpayments made as a result of agency error. The circuit court reversed, holding that a “reimburser” employer is not liable for the repayment of monies erroneously paid out by the ESA.

Holy Cross…