In re Bowlby

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 8, 2005, which ruled that claimant made willful false statements to obtain benefits.

By initial determination, claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment as an office manager without good cause effective June 8, 2004. She was also found ineligible to receive unemployment insurance benefits, effective July 19, 2004, based on a finding that she was not totally unemployed because of information that she provided to the Department of Labor regarding her separate business as a licensed acupuncturist. In addition, claimant’s right to receive future benefits was reduced upon a finding that she made a willful false statement when, in filing her original claim for benefits, she incorrectly indicated that she was not involved in a business that did or could potentially produce income. Following a hearing, the Administrative Law Judge (hereinafter ALJ) overruled that part of the determination finding that claimant made a willful false statement to obtain benefits. Instead, the ALJ concluded that “claimant did not understand the question” and answered no because she did not understand that the question applied to her acupuncture business. Upon appeal by the Commissioner of Labor, the Unemployment Insurance Appeal Board reversed that part of the ALJ’s determination that found claimant did not make a willful false statement to obtain benefits. Claimant appeals, challenging only the finding that she made a willful false statement.

Cardona, EJ., Mercure, Peters, Carpinello and Mugglin, JJ., concur. Ordered that the decision is without