Ahlquist v. DWS

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Terry M. Ahlquist,
Petitioner,

v.

Department of Workforce Services,
Workforce Appeals Board,
Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20001083-CA

F I L E D
April 19, 2001 2001 UT App 133 -----

Original Proceeding in this Court

Attorneys:
Terry M. Ahlquist, Redmond, Petitioner Pro Se
Suzan Pixton and Lorin R. Blauer, Salt Lake City, for Respondent

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Before Judges Bench, Billings, and Orme.

PER CURIAM:

This matter is before the court on sua sponte motion for summary disposition. Although the motion provided that failure to respond to the motion could result in dismissal of the appeal, Ahlquist did not file a response.

Ahlquist appeals the Workforce Appeals Board's decision affirming the department's determination that he received unemployment compensation benefits to which he was not entitled. He does not contest the agency's finding that he admitted he knew he was required to report that he had obtained employment, nor does he deny that after he started his job, he affirmatively represented to the department that he was not working.

Under Utah Code Ann. § 35A-4-405(5)(a) (Supp. 2000), Ahlquist was not entitled to collect benefits for periods as to which he "willfully made a false statement or representation or knowingly failed to report a material fact." Section 35A-4-405(5)(c) authorized the department to recoup the overpayment and assess a penalty in the amount of the overpayment. Although Ahlquist claims that the department did not take into account his "honest intent," the evidence supported the board's decision. See Whitney v. Bd. of Review of the Indus. Comm'n of Utah, 585 P.2d 780, 781 (Utah 1978) ("[T]he intent to defraud is inherent in the claims themselves which contain false statements and the filing of the claim is itself a manifestation of intent to defraud . . . .").

The board's decision is affirmed.
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 

______________________________
Gregory K. Orme, Judge