Peterson Vet, Inc. v. The Department of Employment Security

Employer filed complaint in court for administrative review of IDES Board of Review that granted unemployment insurance benefits to a former employee who was discharged after employer had falsely represented on her employment application that she was a certified veterinary technician (CVT), although her CVT license had lapsed. Board should have considered whether employer would have hired employee if it had known that she had made false statement on application, so that Board could properly give weight to negative effect in determining whether statement was material. Thus, Board’s finding of a lack of materiality was clearly erroneous. (O’BRIEN and SCHMIDT, concurring.)