Legal Opinion

Norath v. Division of Employment Security

Missouri Court of Appeals

Decided May 31, 2016No. ED103441PublishedCited by 4 opinions

1Opinion of the Court

OPINION

James M. Dowd, Judge

William Norath appeals from the Labor and Industrial Relations Commission’s (“Commission”) determination that he was overpaid unemployment benefits and that he willfully and fraudulently failed to report to the Division of Employment Security (“Division”) wages he had earned. Because we find that the Commission failed to address certain factual issues essential to our review, we reverse and remand for proceedings consistent with this opinion.

Factual and Procedural Background

In April 2009, Norath started working for Hackmann Lumber Company (“Hack-mann”). Norath…

2Cases cited9 opinions

  1. Garden View Care Center, Inc. v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 1993
  2. Dolgencorp, Inc. v. ZatorskiMissouri Court of Appeals · 2004
  3. Higgins v. Missouri Division of Employment SecurityMissouri Court of Appeals · 2005
  4. Bryant v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 1980
  5. Melissa Coday v. Division of Employment SecuritySupreme Court of Missouri · 2014

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3Cited by4 opinions

  1. Con-Way Truckload, Inc. v. WoodMissouri Court of Appeals · 2017
  2. Della Scheumbauer, Claimant/Appellant v. City of St. Louis, Employer/Respondent, and Division of Employment SecurityMissouri Court of Appeals · 2021
  3. John J. Benoist, Jr. v. Westin Trading, Inc., and Division of Employment SecurityMissouri Court of Appeals · 2023
  4. Mark Wayne v. Division of Employment SecurityMissouri Court of Appeals · 2020

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