Stroud v. Dir. , 2014 Ark. App. 77 ( 2014 )

Cite as 2014 Ark. App. 77
ARKANSAS COURT OF APPEALS
DIVISION III
No. E-13-599
Opinion Delivered January 29, 2014
CYNTHIA STROUD
APPELLANT APPEAL FROM THE ARKANSAS
BOARD OF REVIEW
V. [No. 2013-BR-01593]
DIRECTOR, DEPARTMENT OF
WORKFORCE SERVICES
APPELLEE REVERSED AND REMANDED
LARRY D. VAUGHT, Judge
Cynthia Stroud appeals the decision of the Board of Review, which denied appeal from
the decision of the Appeal Tribunal that required her to repay the Department of Workforce
Services $240 in unemployment benefits. We review the decision of the Appeal tribunal as the
Board’s decision pursuant to Ark. Code Ann. § 11-10-525, and reverse and remand because the
Board’s decision and this appeal are premature.
The record before this court does not reflect the factual basis for the ordered repayment.
It only states that Stroud was disqualified because of a finding of fraud in filing a continued
claim to collect benefits. However, the decision also states that the repayment order was
tentative because the underlying decision on fraud was still on appeal. Under these
circumstances, we have held that an appeal of a repayment order is premature, and we have
reversed on this basis. Holloway v. Dir., 2012 Ark. App. 635.
Accordingly, we reverse and remand for a new hearing on the overpayment
Cite as 2014 Ark. App. 77
determination once the eligibility determination has become final for appellate purposes.
Reversed and remanded.
GRUBER and WHITEAKER, JJ., agree.
Cynthia Stroud, pro se appellant.
Phyllis Edwards, Associate General Counsel, for appellee.