Amato v. Department of Employment Security

Plaintiff appealed from a judgment of the circuit court denying his complaint for administrative review and affirming an order of the Board of Review of the Department of Employment Security. The Board found that the plaintiff had received Pandemic Unemployment Assistance benefits under the CARES Act for which he was ineligible and denied his request to waive recoupment of the benefits. The appellate court reversed, finding that the Board erred when it found that plaintiff was not without fault in the overpayment of PUA benefits and that the record established that recoupment of the overpayment would be contrary to equity and good conscience. (KENNEDY and BIRKETT, concurring)