California Hospital Ass'n v. Unemployment Insurance Appeals Board

*272 Opinion

Defendant, California Unemployment Insurance Appeals Board (hereafter Board), 1 appeals from a summary judgment in declaratory relief in favor of plaintiffs, California Hospital Association and South Coast Community Hospital (hereafter CHA). The summary judgment challenged requires that: (1) the Board accept all timely appeals filed by so-called cost-reimbursement employers 2 from prior determinations of eligibility of claimants affecting these employers and dispose of the appeals on their merits; (2) if such an employer prevails in an appeal, all benefit payments to the claimant shall cease as of the date of the final appellate decision and the obligation of employer to fund prospective benefits to the claimant shall then likewise cease; and (3) Precedent Benefit Decision of the Board No. PB234, Case No. 75-8576, Lupe Beard, claimant, being contrary to law, shall be of no further force and effect.

The sole question on this appeal is the correct interpretation of section 1335, subdivision (b), with respect to reimbursement employers. It reads and has always read essentially as follows: “If an appeal is filed, benefits with respect to the period prior to the final…