A surfer who spent Utah's wet "mud seasons" on the beaches of Mexico was entitled to unemployment benefits while on vacation, according to a new ruling by the Utah Court of Appeals.
The ruling wraps up a case that began in 2009, when John Dorsey was working as a server for a Park City restaurant. During the off-season, when tourism was low, the restaurant temporarily released its employees, qualifying them for unemployment benefits. During his time off, Dorsey filed claims for benefits even though he was surfing in Baja California. The ruling states he made four trips to Mexico from 2009 to 2011.
The Department of Workforce Services denied Dorsey's claims after he had collected money saying he was ineligible because he was unavailable to work full-time if needed due to his travels and had not reported he was traveling out of the country. DWS concluded Dorsey had been overpaid by $7,581 and imposed an undisclosed penalty for fraud.