Opinion
No. C6-98-1611.
Filed February 2, 1999.
Appeal from the Department of Economic Security, File Nos. 3048 UC 98, 3049 UCOP 98.
David E. Tadsen, (relator, pro se)
American Carton Polybag, Inc., (respondent)
Kent E. Todd, Minnesota Department of Economic Security, (for respondent Commissioner of Economic Security)
Considered and decided by Kalitowski, Presiding Judge, Short, Judge, and Klaphake, Judge.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998).
UNPUBLISHED OPINION
David Tadsen was terminated from his job as a sales representative at American Carton Polybag, Inc. He applied for and received $6,760 in reemployment insurance benefits for the period January 13 through August 3, 1996. On July 19, 1996, Tadsen's former employer protested Tadsen's receipt of benefits. After an investigation, the Department of Economic Security determined on April 8, 1998, that Tadsen was ineligible for benefits because he was self-employed. By writ of certiorari, Tadsen appeals from the commissioner's decision, which ordered repayment and disqualification from benefits for 52 weeks. We affirm.
DECISION
The reemployment insurance fund is available only to persons involuntarily "unemployed through no fault of their own." Minn. Stat. § 268.03, subd. 1 (1998). A claimant must demonstrate ability, availability, and active efforts to obtain work. Minn. Stat. § 268.085, subd. 1(2) (1998). Claimants are ineligible for benefits if self-employment interferes with their availability to work. See Decker v. City Pages, Inc., 540 N.W.2d 544, 548-49 (Minn.App. 1995) (analyzing availability requirement as applied to self-employed claimant). Our review of the commissioner's factual findings is limited to whether the evidence, viewed in the light most favorable to the decision, supports that decision. Lolling v. Midwest Patrol, 545 N.W.2d 372, 377 (Minn. 1996).
As a preliminary matter, we deny Tadsen's motion to dismiss the department's redetermination of benefits because we conclude the department's investigation was commenced within 24 months of establishing Tadsen's account. See Minn. Stat. §§ 268.07, subd. 1(d)(1) (1998) (allowing redetermination within 24 months of account's establishment if to correct error), 268.101, subds. 2(d), 3(d) (1998) (allowing redetermination within 24 months of account's establishment if claimant fails to provide information), 268.18, subd. 2(e) (1998) (stating determination of fraud may be made at any time); Hart-Wilke v. Aetna Life Ins. , 550 N.W.2d 310, 313 (Minn.App. 1996) (noting eligibility issues need only be raised, not decided, within 24 months from filing of valid claim).
Tadsen argues the commissioner's findings regarding full-time self-employment and intentional misrepresentation are without record support. But the record shows Tadsen: (1) reported $740 in wages to department from self-employment during January 7 through August 3, 1996; (2) claimed, on his 1996 tax forms, 13,130 business miles for a business deduction of $4,070 and gross receipts of $118,000; (3) made approximately the same dollar amount of sales in 1996 as he made working for American Carton Polybag, Inc. in 1995; (4) indicated on 12 departmental reports that he was not working and indicated on only three reports that he was self-employed; and (5) refused to submit his business records to the department. Given these facts and our narrow scope of review, we conclude the commissioner's findings are supported by the evidence. See, e.g. , Burnevik v. Department of Econ. Sec ., 367 N.W.2d 681, 683 (Minn.App. 1985) (holding relator, who indicated on tax forms he was employed but on unemployment forms he was not employed, committed fraud).