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• Title: Gerald E. Norton v. Department Employment
• Author : Supreme Court of Idaho No. 11020
• Release Date : January 14, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

On April 29, 1965, the Idaho Department of Employment notified the appellant, Gerald E. Norton, that it had determined that
he had previously obtained unemployment benefits under false pretenses and therefore was indebted to the Department in the
amount of $540.00. According to the Department, this special redetermination was issued upon discovering that the appellant
had, in November of 1964, used his brother's name and social security number as his own in filing a claim for unemployment
benefits; on the basis of his brother's eligibility, the appellant received $540.00 in benefits to which he was not entitled.
Since an appeal was not filed by the appellant within fourteen days after notice was served, the redetermination issued in
April of 1965 became final. I.C. § 72-1368(d). Furthermore, according to section 72-1368(k), Idaho Code, "[any]
right, fact, or matter in issue, directly based upon or necessarily involved in a * * * redetermination * * * which has become
final, shall be conclusive for all the purposes of this act as between the interested parties who had notice of such * * *
redetermination * * *." Therefore, since the appellant is asserting a right to benefits under "this act," we must, for the
purposes of deciding this case, assume that the appellant misrepresented his identity and thereby obtained benefits to which
he was not entitled. In 1969, the appellant again applied for unemployment benefits, this time under his own name. In response, the Department
of Employment issued a determination that the appellant was ineligible for benefits because he was indebted to the employment
security fund in the amount of $540.00. The benefits denied in 1969 are not at issue in this case, for the appellant did not
request a redetermination and, therefore, the determination denying these benefits became final. I.C. § 72-1368(c).

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