South Dakota Department of Labor, Unemployment Insurance Division v. Neuharth

FOSHEIM, Chief Justice.

Dwight Neuharth (claimant) appeals the circuit court affirmance of a final decision of the South Dakota Department of Labor (Department) determining an overpayment of unemployment insurance benefits. We reverse.

Claimant received unemployment insurance benefits between March 5, 1982, and August 21, 1982. On August 19, 1982, he entered a training program with Pizza Hut of Pierre, South Dakota, and worked approximately sixteen hours during that benefit week. Initially, claimant did not know he was going to be paid for this time worked. He called the local unemployment…