J. BRANHAM ERECTING v. UNEMP. INS. COM'N

No. 93-CA-0765-MR.

880 S.W.2d 896 (1994)

J. BRANHAM ERECTING & STEEL SERVICE COMPANY, INC., d/b/a Bessco; and J.L. Poole Leasing, Inc., now A.V.P., Inc., by name change, Appellants, v. KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, Commonwealth of Kentucky, Appellee.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals June 10, 1994.

Discretionary Review Denied by Supreme Court August 24, 1994.


Attorney(s) appearing for the Case

Douglas W. Becker, Becker, Farris & Gallagher, Louisville, Gross C. Lindsay, Patrick Clark Shea, Trimble, Lindsay & Shea, Henderson, for appellants.

Charles P. Lawrence, Timothy A. Sturgill, Dept. of Law, Cabinet for Human Resources, Frankfort, for appellee.

Before EMBERTON, HUDDLESTON and JOHNSTONE, JJ.


JOHNSTONE, Judge.

The issue in this appeal is whether the Kentucky Unemployment Insurance Commission may be estopped from requiring the payment of additional unemployment contributions necessitated by the application of an erroneous initial assessment at a much lower rate than provided in KRS 341.272. The Franklin Circuit Court concluded that, absent special circumstances not present in this case, the doctrine of equitable estoppel may not be utilized to preclude...

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