Stephen Urban v. Administrator, Unemployment Compensation Act (2013)

MEMORANDUM OF DECISION

The plaintiff, Stephen Urban, has appealed the decision of the Employment Security Board of Review, Connecticut General Statute § 31–249b.   The matter was heard on September 16, 2013, at which the plaintiff represented himself and the defendant was represented by the Attorney General's Office.   The record reveals that the Administrator ruled that the plaintiff had received an overpayment of benefits and assessed a twenty-one-week administrative penalty.   The plaintiff appealed that decision and the referee, after conducting a hearing, affirmed the decision of the Administrator.   The plaintiff appealed that decision to the Board of Review which adopted the referee's findings with a slight modification and affirmed the decision, and this appeal followed.

On appeal, this court does not hear the case de novo and the Board's findings may not be challenged absent the filing of a motion to correct the findings with the Board.   See Belica v. Administrator, Unemployment Compensation Act, 126 Conn.App. 779, 785–87 (2011).   The plaintiff admits that no such motion was filed.   Therefore this court must treat the findings as conclusive.  Id. 787.   This court next must determine whether the Board's decision was arbitrary, illegal, unreasonable or an abuse of discretion.   See Ray v. Administrator, Unemployment Compensation Act, 133 Conn. 527, 535–36 (2012).   After careful review of the Board's decision, this court finds nothing in the record that demonstrates that the board acted in a manner that was arbitrary, illegal, unreasonable or an abuse of discretion.

Accordingly, the appeal is dismissed.

BY THE COURT

Jack W. Fischer, Judge

Fischer, Jack W., J.