Opinion
June 19, 1967
Appeal from a decision of the Unemployment Insurance Appeal Board that claimant made a willful misrepresentation and from the resulting forfeiture of benefits. The facts are uncontroverted. The claimant testified and her time card established that she worked on April 12, 1965 and received wages therefor, but that on her application for benefits she stated that the last day of employment was April 11 and she was paid on the basis of the latter date. This case demonstrates one of the many complexities that arise in the administration of the Unemployment Insurance Law. Here, there apparently existed a language barrier due to the claimant's insistence that she could neither read nor write English. From a reading of the record we must assume that the Referee took this impediment into consideration in arriving at his decision. It further appears that the claimant had been collecting benefits over the years and had perfected a system of making reports to the board. At the hearing a representative of the union was present and acted in claimant's behalf. The Referee in arriving at his decision, inter alia, considered the question of credibility and while the claimant's situation was unfortunate, the record substantiates the findings of the Referee which were sustained by the board. Decision affirmed, without costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.P.