Shahin Motallebi

Applicant Shahin Motallebi received UCD benefits from EDD from February 24, 1998 through October 14, 1998. After EDD determined he was ineligible, he agreed to continue receiving benefits during his CUIAB appeal on the condition he would repay them if unsuccessful. CUIAB upheld EDD's ineligibility determination for the period May 8, 1998 to September 9, 1998, and applicant did not appeal. EDD filed a WCAB lien claim only for the non-appeal periods, which was settled at the time of the Order Approving Compromise and Release, but did not file a lien for the appeal period. When EDD sought repayment from applicant for the appeal period, applicant challenged the WCAB's authority; the Board held that the WCAB lacks jurisdiction to determine applicant's liability for repayment of UCD benefits under these circumstances and affirmed the WCJ's findings.