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Benczkowski (Ford Motor Co.) 18.07

Section 62(a)

RESTITUTION, Administrative clerical error, Credit to experience account, Insufficient credit weeks, Failure to appeal redetermination, Late information from employer, Restitution not required, Wages and credit weeks

CITE AS: Benczkowski (Ford Motor Co)Benczkowski (Ford Motor Co)Benczkowski (Ford Motor Co), 1980 BR 56917 (B77 14530).

Appeal pending: No

Claimant:   Mary Benczkowski

Employer: Ford Motor Co.

Docket No: B77 14530 56917

BOARD OF REVIEW HOLDING: "[W]here the Commission could only rely on an 'administrative clerical error' to order restitution of benefits ...", such error must be specified.

FACTS: The claimant had insufficient credit weeks, but received two benefit checks through Commission error. Wage information from the employer was received late, at 11:30 a.m. on the day of the second benefit payment.

DECISION: No restitution is required; the employer is entitled to a credit for two of the four weeks of benefits.

RATIONALE: "[W]here the Commission could only rely on an 'administrative clerical error' to order restitution of benefits, it is the Commission's duty to explain with particularity what its 'administrative clerical error' is. The Commission failed to do so in this case ..."

"None of the three exceptions to non-restitution in regulation 205(6) applies to the present case." "Under Section 29(19) and Regulation 205 (6), avoidance of restitution ends with the receipt by the Commission of the employer's late information." "Without proof that the check was tendered to the claimant after the Commission's 11:30 a.m. receipt of the employer's submission, we conclude that the claimant received the check before 11:30 a.m. on June 9, 1977." The Commission's determination denied the employer credit for the first check and allowed credit for the second check. "The employer did not appeal the redetermination."


5, 7, 15:NA

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