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NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2342-06T22342-06T2
KATHERINE E. THOMPSON,
Appellant,
v.
BOARD OF REVIEW,
KENNEDY MEMORIAL HOSPITAL,
and MED STAFF, INC.,
Respondents.
Submitted January 7, 2008 - Decided
Before Judges Gilroy and Baxter.
On appeal from the Board of Review, Department of Labor and Workforce
Development, Docket No. 110,740.
Katherine E. Thompson, appellant pro se.
Anne Milgram, Attorney General, attorney for respondent, Board of Review (Lewis A.
Scheindlin, Assistant Attorney General, of counsel; Alan C. Stephens, Deputy Attorney
General, on the brief).
Respondents, Kennedy Memorial Hospital and Med Staff, Inc., did not file a brief.
PER CURIAM
Katherine E. Thompson appeals from a December 4, 2006 decision of the Board of Review (Board), in which the
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a2342-06.opn.html
Board concluded that Thompson was obligated to refund the sum of $6,199 she received as benefits for the weeks
ending January 1, 2004 through May 29, 2004. The Board declined to consider Thompson's request for a waiver of
her obligation to repay those benefits because she had failed to request a waiver from the Director of the Division
of Unemployment and Temporary Disability Insurance (Director) of the Department of Labor. We affirm the Board's
determination that Thompson was obligated to repay the amount in question. Our affirmance is without prejudice
to Thompson's right to apply to the Director for waiver of her refund obligation.
I.
After voluntarily leaving employment as a part-time staff nurse at Kennedy Memorial Hospital, Thompson applied
for unemployment compensation benefits. A deputy claims examiner denied the claim. After the Appeal Tribunal
affirmed the denial of benefits on March 19, 2004, Thompson did not appeal any further, and the decision became
final.
Through an apparent administrative error, the Division of Benefits nonetheless commenced sending benefit checks
to Thompson in April 2004. After realizing the mistake, the Director issued a demand that Thompson refund those
benefits. Thompson appealed the Director's demand for a refund to the Appeal Tribunal, which, after a hearing,
determined on September 27, 2006, that in accordance with 146 N.J. 614, 621 (1996). Nevertheless, we affirm the
Board's December 4, 2006 determination that Thompson was obligated to repay the $6,199 of benefits that she
received. Whenever an individual who has been paid unemployment compensation benefits is subsequently found
not to have been entitled to those benefits, that individual must repay them in full to the Division. 299 N.J. Super.
671, 674 (App. Div. 1997).
We further agree with the Board's determination that authority to grant a waiver of a refund obligation is vested
exclusively in the Director. Howard v. Bd. of Review, 173 N.J. Super. 196, 202 (App. Div. 1980). Indeed,
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