Wall v. Director, Arkansas Employment Security Department

Layton Roaf, Judge.

Nancy E. Wall appeals the decision of the Board of Review that she is liable to repay $447 in unemployment benefits she received in June 1997. Wall contends that it is not fair or just to allow the Employment Security Department (ESD) to recover the non-fraud overpayment where the ESD waited from December 1997 until January 2003 to attempt recovery. We agree that the Department is barred from recovering the overpayment based on the doctrine of laches, and reverse.

Wall received the $447 that is at issue in June 1997. The non-fraud overpayment resulted when her employer…