Barnicoat v. Commissioner of Department of Labor & Industry

John Barnicoat brought a legal action against the Commissioner of the Department of Labor and Industry claiming a refund of unemployment insurance benefits he paid back to the State Employment Security Division (Division). The District Court of the Fifth Judicial District, Jefferson County, sitting without a jury, dismissed Barnicoat’s complaint due to his failure to exhaust statutory administrative remedies. Barnicoat appeals.

We affirm.

The following issues are presented for review:(1) Is Barnicoat precluded from bringing a legal action in a District Court on the grounds that he failed to…