§21A-7-11 Benefits pending appeal. - West Virginia Statutes

§21A-7-11. Benefits pending appeal.

Benefits found payable by decision of a deputy, appeal tribunal, the board or court shall be immediately paid in accordance therewith up to the week in which a subsequent appellate body renders a decision, by order, finding that benefits were not or are not payable. If, at any appeal stage, benefits are found to be payable which were found before such appeal stage to be not payable, the commissioner shall immediately reinstate the payment benefits. If the final decision in any case determines that a claimant was not lawfully entitled to benefits paid to him pursuant to a prior decision, such amount of benefits so paid shall be deemed overpaid. The commissioner shall recover such amount by civil action or in any manner provided in this code for the collection of past-due payment and shall withhold, in whole or in part, as determined by the commissioner, any future benefits payable to the individual and credit such amount against the overpayment until it is repaid in full. If the final decision in any case determines that the claimant was not lawfully entitled to the benefits paid to him pursuant to a prior order any benefits so paid pursuant to such prior order, shall not be chargeable to the employer's account.

(a) Whenever the commissioner finds that a claimant has received back pay at his customary wage rate from his employer such employee shall be liable to repay the benefits, if any, paid to such individual for the time he was unemployed. In any case in which, under this section, an employee is liable to repay benefits to the commissioner, such sum shall be collectible by civil action in the name of the commissioner.

(b) Whenever an employer subject to this chapter is required to make a payment of back pay to an individual who has received unemployment compensation benefits during the same period covered by the back pay award, the employer shall withhold an amount equal to the unemployment compensation benefits and shall repay the amount withheld to the unemployment compensation trust fund. If an employer fails to comply with this section, the commissioner shall have the right to recover from the employer the amount of unemployment compensation benefits which should have been withheld by a civil action.