Martinez v. Industrial Commission

HALL, Justice:

This is a review of the Industrial Commission’s affirmation of the decision of an appeal referee which denied unemployment compensation for a fifty-two week period and assessed an overpayment of $1,414.00. The decision was based upon a finding that plaintiff had knowingly withheld material facts regarding his ability and availability for work in order to receive benefits to which he was not entitled.

Plaintiff suffered on-the-job injuries to his back and neck over a two year period prior to his being layed off in January, 1976, however, they were not medically diagnosed. He was…