JIMMY L. CHRISTY JR., Claimant-Appellant,
GRASMICK PRODUCE, Employer, CONSOLIDATED ELECTRICAL, Employer, MR. MUDD CONCRETE CORPORATION, Major Base Employer, IDAHO STATE PENITENTIARY, Cost Reimbursement Employer, Employers-Respondents, and IDAHO DEPARTMENT OF LABOR, Respondent.
Opinion No. 55
from the Industrial Commission.
decision of the Industrial Commission is affirmed.
Office of D. Blair Clark, PC, Boise, for appellant. D. Blair
Honorable Lawrence G. Wasden, Idaho Attorney General, Boise,
for respondent. Douglas Werth argued.
appeals the decision of the Idaho Industrial Commission that
found him ineligible for unemployment benefits based upon a
willful underreporting of earnings to the Idaho Department of
AND PROCEDURAL BACKGROUND
Christy filed an application for unemployment benefits in
December 2014. Christy visited the Idaho Department of Labor
("IDOL") for assistance with the website
application. Christy was shown an informational PowerPoint
slideshow to assist applicants during the filing process.
he applied for benefits, Christy worked part-time for
Grasmick Produce. He worked for Grasmick from January 2015
until the end of March. Christy also worked for Consolidated
Electrical in March. Christy testified that he was uncertain
about how to report his earnings so he visited a local IDOL
office where an employee told him to "report what he
gets." Christy asserts that this is why he reported his
conducts cross-match audits on a quarterly basis. A
cross-match audit involves comparing earnings reported by
employers with the filings submitted by the employee. In this
case, IDOL received earnings information from Grasmick
Produce and Consolidated Electrical to cross-match
Christy's reported earnings. IDOL found that the reports
filed by the employers did not match Christy's reports.
IDOL mailed Christy a letter to the address the department
had on record asking him to explain the discrepancy. IDOL
requested a response by June 5, 2015, at 5:00 p.m. Christy
did not respond to the letter.
subsequently found that Christy willfully misrepresented his
weekly earnings. On June 24, 2015, IDOL mailed Christy its
determination of ineligibility, which set forth overpayment
amounts and imposed civil penalties. Christy appealed the
telephonic hearing before an appeals examiner was held on
July 28, 2015. During the hearing, Christy argued that he had
reported the net earnings from his jobs and that his net
earnings were based on a different workweek than that used by
IDOL. The appeals examiner suggested, and the parties
stipulated, to vacate IDOL's ...