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Lang v. Forbes

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Tuesday, April 9, 2013

A-12-0847, Catherine D. Lang, Commission of Labor (Appellant) v. Shauna Forbes

Hall County District Court, Judge William T. Wright

Attorney for Appellant: John J. Albin, Thomas A. Ukinski

Attorney for Appellee: L. William Kelly

Civil Action: Overpayment of unemployment insurance benefits

Action taken by the trial court: The district court affirmed the finding of the appeal tribunal holding that Forbes had been overpayed $461 in unemployment benefits, rather than $1,308 as alleged by Lang.

Assignments of error on appeal: Did the district court properly conduct a de novo review on the record of the appeal tribunal’s decision? Did the district court property apply Neb. Rev. Stat.  § 84-914(1)? Did the district court properly apply the requirement of authenticity or identification as a condition precedent to admissibility under the evidence rules? Did the district court properly apply Neb. Rev. Stat.  § 48-635? Did the district court apply the proper burden of proof which required Forbes to show that she was eligible for and not disqualified from benefits? Did the district court properly construe Neb. Rev. Stat.  § 48-665(1)?


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