State of WV by Ronald E. Radcliff, Comm’r., Workforce WV v. Perry E. Davidson

Case Number:
Case Date:
Case Issue:

Petitioner, the Unemployment Compensation Division, appeals from the circuit court's order reversing a decision rendered in the magistrate court and finding that the petitioner had failed to meet its burden of proof in this action seeking damages as the result of the overpayment of unemployment compensation benefits to respondent. Petitioner asserts that the circuit court erred by substituting its judgment for that of the agency and exceeded its statutory jurisdiction by overruling the agency's final decision as well as the final decision of the magistrate court. Petitioner further asserts that the circuit court applied the wrong standard of review.