direct result error in Arkansas

2024This court’s decision in Carman v. Director confirmed that, for purposes of the overpayment of state unemployment benefits, the repayment may be waived “if the director finds that the overpayment was received as a direct result of an error by the Division of Workforce Services and that its recovery would be against equity and good conscience.” Carman v. Dir., 2023 Ark.

2024App. 51 , 660 S.W.3d 852 , confirmed that, for purposes of overpayment of state unemployment benefits, the repayment may be waived “if the director finds that the overpayment was received as a direct result of an error by the Division of Workforce Services and that its recovery would be against equity and good conscience.” Carman, 2023 Ark.

2022Fraysher, supra. Arkansas Code Annotated section 11-10-532(b) (Supp. 2021) provides the following: (1) If the director finds that a person has received an amount as benefits under this chapter to which he or she was not entitled by reasons other than fraud, willful misrepresentation, or willful nondisclosure of facts, the person is liable to repay the amount to the Unemployment Compensation Fund. (2)(A) In lieu of requiring the repayment, the director may recover the amount by deduction of any future benefits payable to the person under this chapter unless the director finds that the overpayme