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MILLAR v. DEPT. OF WORKFORCE SOLUTIONS

No. 31,581.

304 P.3d 427 (2013)

2013-NMCA-055

Frank MILLAR, Petitioner-Appellee, v. NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS and Western Refining Southwest, Inc., Respondents-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied, April 3, 2013, No. 34,045.

Attorney(s) appearing for the Case

New Mexico Legal Aid, Inc., Timothy R. Hasson , Santa Fe, NM, for Appellee.

New Mexico Department of Workforce Solutions, Marshall J. Ray , Elizabeth A. Garcia , Albuquerque, NM, for Appellant.

OPINION

VANZI, Judge.

{1} The New Mexico Department of Workforce Solutions (DWS) appeals from a district court order reversing a decision of the DWS's Appeals Tribunal (Tribunal). The Tribunal determined that claimant Frank Millar was required to repay an overpayment of unemployment compensation benefits in the amount of $4,931. The district court held that the Tribunal's hearing, conducted five months after Millar started receiving benefits...

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