Question on California Unemployment Insurance Code Sections 1271(a)
Section reads as follows.
1271. (a) Any unemployed individual receiving unemployment
compensation benefits payable under this division, who applies for a
determination of potential eligibility for benefits under this
article no later than the 16th week of his or her receiving these
benefits, and is determined eligible for benefits under this article,
is entitled to a training extension on his or her unemployment
compensation claim, if necessary, to complete approved training.
EDD has a list of Precedent Decisions on their website.
PB-482 estopped EDD from denying benefits because EDD failed to
adequately perform the mandated requirement that every individual
shall be notified of their rights to Extended Training Benefits.
PB 482 is located at
http://www.edd.cahwnet.gov/txprecdt/pb482.pdf
At a recent Hearing, I was told by an ALJ that there is a newer
precedent decision from 2001 that supercedes this one and therefore
this decision is no longer valid. The ALJ claimed that the new
decision says that information in the Handbook is adequate
notification and fulfils the requirement in section
1271.5. (a) The department shall inform all individuals who claim
unemployment compensation benefits in this state of the benefits
potentially available under this article and Section 1271. The
department may convey this information verbally or in written form.
If in written form, the department may utilize publications or
handbooks that inform individuals of their rights and duties in
regard to unemployment compensation benefits. These publications,
issued by the department pursuant to authorized regulations, may be
used to satisfy the requirements of this section.
This seems odd since "persuant to authorized regulations" is
specifically addressed in P-B-482 and I can not find a recent decision
regarding this issue.
Question:
Where can I read this new decision on section 1271(a)?
Thanks |