Rubino
Rubino v. Unemployment Insurance Appeals Board
Opinion
lead Opinion
McComb, J.
The Unemployment Insurance Appeals Board (hereinafter referred to as “the board”) appeals from a judgment in favor of plaintiff (hereinafter referred to as “claimant”) after a limited trial de novo following claimant’s appeal from an administrative order.
For the period June 1, 1969, through November 1, 1969, claimant received unemployment insurance benefits totaling $1,011 from the Department of Human Resources Development (hereinafter referred to as “the department”). The department issued a retroactive determination that claimant was ineligible for the unemployment insurance benefits under the provisions of section 1253, subdivision (e), of the Unemployment Insurance Code, 1 and alleged an overpayment in the amount of $1,011, on the ground that claimant had not registered for dispatch under a union seek-work plan. Claimant appealed the determination; and, following a hearing, a referee of the board determined that claimant had in fact met the seek-work re *407 quircments. Thereafter, the board reversed the determination of the referee. Claimant petitioned the Superior Court of Los Angeles County for a writ directing the department to set aside its decision that he was…