Opinion
No. C7-95-2574.
Filed June 25, 1996.
Appeal from the Department of Economic Security, File Nos. 7450UCOP9.
Sandra M. Schwartz, (Pro Se Relator)
Kent E. Todd, (for Respondent)
Considered and decided by Lansing, Presiding Judge, Kalitowski, Judge, and Short, Judge.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1994)
Unpublished Opinion
The Commissioner of Economic Security, by her representative, concluded relator was overpaid reemployment benefits in 1994 and 1995. Before us on a writ of certiorari, relator argues the employer's evidence of her earnings was erroneous. We affirm.
Decision
When the Commissioner determines a claimant has received reemployment benefits in error, those benefits must be returned to the Department. Minn. Stat. § 268.10, subd. 2(4), 268.18, subd. 1 (Supp. 1995). Our review of an overpayment determination is governed by the rules applicable to appeals from other benefit determinations. Grewe v. Commissioner of Economic Sec., 385 N.W.2d 894, 895 n. 1 (Minn.App. 1986) (citing Minn. Stat. § 268.18, subd. 1 (1982)). Thus, appellate courts must view the Commissioner's findings
in the most favorable light * * * [and] where there is evidence reasonably tending to sustain them such findings will not be disturbed.
Olson v. Starkey, 259 Minn. 364, 374, 107 N.W.2d 386, 392-93 (1961).
We will not reweigh the evidence to determine where the preponderance lies, but only examine the evidence to determine whether it reasonably supports the Commissioner's decision. Nyberg v. R. N. Cardozo Bro., 243 Minn. 361, 364, 67 N.W.2d 821, 823 (1954).
Relator argues the employer submitted incorrect statements of her earnings. However, the record establishes:(1) relator failed to offer specific evidence showing the employer's records as amended were incorrect; and (2) the records originally submitted by the employer were amended to reflect relator's argument that her work week began on Monday, rather than on Sunday. Under these circumstances, the evidence reasonably tends to support the Commissioner's finding that the Department overpaid relator's benefits in 1994 and 1995.