[wiaattorneys] Re: TRA Income Assistance

  • From: "Barry Staci" <staci.barry@xxxxxxxxxxxxxxx>
  • To: <jalbin@xxxxxxxxxxxxxxx>, <wiaattorneys@xxxxxxxxxxxxx>
  • Date: Fri, 11 Mar 2005 14:24:11 -0800

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The Oregon case is Employment Department v. Furseth, 140 Or App 464, 915
P2d 1043 (1996).  
The Oregon Court of Appeals upheld an Employment Appeals Board order
that the Employment Department was equitably estopped from denying TRA
benefits to a claimant when the Department gave the claimant misleading
information about his continued eligibility for TRA benefits and the
claimant acted to his detriment on that information.  The Court of
Appeals determined that application of the doctrine of equitable
estoppel was not inconsistent with the TRA.  
 
Staci Barry, Assistant Attorney General
Oregon Department of Justice
1162 Court Street NE, Salem, OR  97301
(503) 947-4540; Fax: (503) 378-4740

        -----Original Message-----
        From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of John Albin
        Sent: Wednesday, March 09, 2005 9:53 AM
        To: wiaattorneys@xxxxxxxxxxxxx
        Subject: [wiaattorneys] TRA Income Assistance
        
        

        Our Appeal Tribunal recently affirmed a Claim's Deputy's
determination that an individual was not eligible for TRA income
assistance even though the Deputy conceded that the Department had
apparently failed to notify her of her eligibility and the application
deadline as we are required to do. The claimant has appealed the Appeal
Tribunal decision to District Court. The Claimant is basically arguing
that the Department is equitably estopped from denying her benefits
because the Department failed to notify her of her eligibility and the
deadline for seeking TRA income assistance. The Claimant's attorney
suggests that there is a case out of Oregon that supports the claimant's
position, although I haven't seen it yet. Are you aware of any cases,
whether out of Oregon or any other state involving this sort of issue?
Thanks for your help. 
        
        John H. Albin
        Agency Legal Counsel
        Nebraska Workforce Development
        Department of Labor
        550 S. 16th St.
        P.O. Box 94600
        Lincoln, NE 68509-4600
        tel. 402-471-9912
        fax 402-471-9917

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