Legal Opinion · Dissent

Belling v. Wash. State Emp't SEC. Dep't

Washington Supreme Court

Decided October 4, 2018No. 95097-1Published

1Dissent

STEPHENS, J. (dissenting)

¶ 19 At the heart of this case is whether notions of "equity and good conscience" relevant to the Employment Security Department's (Department) decision to waive overpayment of unemployment benefits under RCW 50.20.190 require consideration of the legal expenses a claimant incurs in reimbursing the Department. While the majority lauds a liberal interpretation of RCW 50.20.190, it applies the provision too restrictively, rejecting Christopher Belling's waiver claim because he "still recovered more in workers' compensation than he was required to reimburse in…

2Cases cited12 opinions

  1. Pennsylvania Life Insurance v. Department of Employment SecurityWashington Supreme Court · 1982
  2. Rhoad v. McLEAN TRUCKING COMPANYWashington Supreme Court · 1984
  3. State ex rel. Evergreen Freedom Foundation v. Washington Education Ass'nWashington Supreme Court · 2000
  4. Washington Waste Systems, Inc. v. Clark CountyWashington Supreme Court · 1990
  5. Edelman v. State ex rel. Public Disclosure CommissionWashington Supreme Court · 2004

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