are basically not in dispute. Ernest Sellers filed an initial claim for regular unemployment compensation benefits on January 31, 1985, after he was terminated from employment with Southern Guard Service, Inc.
The Commission initially determined that Sellers did not qualify for regular benefits because he had earned insufficient wages. This was a mistake. Because of this mistake, the Commission determined that Sellers was eligible to receive Federal Supplemental Compensation Benefits in the amount of $105 per week.
Sellers received his weekly benefit for the weeks February 9, 1985 through March 30, 1985, for a total benefit of $669.
After reevaluating Sellers' claim the Commission discovered he was indeed eligible for regular unemployment benefits of a maximum of $41 per week. However, because he was entitled to regular benefits, Sellers was actuallyineligible for the Federal Supplemental Compensation benefits he had been receiving, since he had not exhausted the regular benefits.
Sellers was entitled to a total of $91 in regular benefits for the weeks of February 23, 1985, through March 23, 1985. This amount was credited to the $669 incorrectly paid, leaving an overpayment to Sellers of $578.
On June 5, 1985, the Commission's chief of benefits sent Sellers a letter which 1) informed Sellers that he had been overpaid $578, and 2) requested restitution.
Sellers appealed this decision, and a hearing before an appeals referee was held on June 24, 1985. The referee heard testimony from Sellers and on June 26, 1985, rendered his findings upholding the determination of an overpayment only and did not mention the restitution aspect whatsoever. In