Cooperman

Jack Cooperman (Cooperman), filed claims for unem ployment insurance between August 6, 1972, and January 31, 1973. He was paid $1,428 in benefits by the Department of Human Resources, now the Employment Development Department (Department). Department later discovered that Cooperman was the president and sole shareholder of a viable corporation, Image Films, Inc. (Image). Department concluded that by reason of the fact that he was president of a corporation, he was not unemployed, and was therefore overpaid $1,428.

Cooperman appealed to a referee of the California Unemployment Insurance Appeals Board (Board). The referee determined that Cooper-man was not ineligible for unemployment insurance benefits when Image was inactive, but was ineligible when Image was active.

The Department then appealed to the Board which upheld the Department’s determination and reversed the referee.

Cooperman then filed a petition for writ of mandate in the superior court to require the Board to set aside its decision that Cooperman was employed and liable for repayment of the $1,428. The trial court held that the referee’s decision was proper under Unemployment Insurance Code section 1252…