California court finds Board’s error not to be prejudicial; benefits denied on second claim
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Wednesday, June 26, 2019

California court finds Board’s error not to be prejudicial; benefits denied on second claim

By Payroll and Entitlements Editorial Staff

The claimant, an IT analyst, submitted an initial UI benefits claim, which was granted. Then he filed for and received disability benefits and stopped receiving UI benefits. After he had exhausted his disability benefits, he filed a second UI benefits claim. The claimant argued that his second benefit claim was valid because he received disability benefits during his first benefit year and also performed some work. The Board determined that the claimant’s receipt of UI benefits during the first benefit year rendered his second claim invalid. The court disagreed with that view, finding that the Board misapplied the law and thus abused its discretion. However, the claimant failed to show the Board’s error was prejudicial. Although the Board erred in finding that the claimant did not satisfy the earnings requirement, the court ruled that the Board's error as to the earnings requirement affected the outcome of the claimant's appeal only if he also established that the Board erred in concluding that he did not satisfy the work requirement, which he failed to do. Therefore, the Board's decision to deny benefits was affirmed (Goldstein v. UIAB, Cal. Ct. of App., Sixth District, H043742, April 30, 2019).

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