Unemployment Compensation Board of Review v. Hoffer
Unemployment Compensation Board of Review v. Hoffer
Opinion of the Court
Opinion by
Clinton E. Hoffer, Jr. (claimant) has filed this appeal from a decision of the Unemployment Compensation Board of Review (Board), dated June 24, 1975, which affirmed a referee’s denial of unemployment compensation benefits, holding that, because of his willful misconduct he was barred from benefits by the provisions of Section 402(e) of the Unemployment Compensation Law,
The Bureau of Employment Security (Bureau) had granted benefits to the claimant and it was on the employer’s appeal to the Board that the case was assigned to a referee, who held a hearing on December 20, 1975. Notice of this hearing was sent to the claimant’s correct address but he failed to appear, and the referee, after receiving testimony only from the employer, reversed the Bureau and denied benefits.
“ [i]f the record made in this case wonld show in any way that the referee had improperly refused to accept relevant competent and material evidence, then we would have to agree that Knox was deprived of due process of law. However, there is no such showing in the record.
“Knox fails to point out either a specific deprivation of rights or an unfairness permeating the hearing so as to strike at the conscience. There is nothing in the record which would permit us to conclude that Knox was deprived of any of his rights under the law. Our reading of the record permits us to conclude that the referee carried out all of his duties required by the Board’s rules imposing duties to assist an unrepresented claimant, and further that Knox was provided with a fair hearing in which all his rights were protected. ’ ’
The record here does not indicate that the hearing officer “improperly refused to accept relevant competent and material evidence,” but we believe that, as a matter of fundamental fairness, this case should be remanded to the Board for the purpose of obtaining testimony from the claimant as to the contents of the letter which he obviously thought explained his case and which he said had been sent to the Secretary of the Board. The record seems clearly to indicate a very real gap in communications between the claimant and the referee and we believe that this created an unfairness which permeated the entire proceeding. The referee as hearing officer asked the claimant here £ £ [y]0X1 are absolutely certain that you have no additional testimony that you wish to provide at this hearing”
The rules of practice and procedure which govern proceedings before the Board contain the following provision:
“§101.21. Conduct of Hearings.
“(a) In any hearing the tribunal may examine the parties and their witnesses. Where a party is not represented by counsel the tribunal before whom the hearing is being held should advise him as to his rights, aid him in examining and cross-examining witnesses, and give him every assistance compatible with the impartial discharge of its official duties.”
We feel that the spirit of this rule was not followed here and that the claimant, therefore, did not receive a full and fair determination of his appeal. He believed that his evidence had been received for the Board’s consideration, yet neither the hearing officer-referee nor the Board corrected this mistaken presumption. We, therefore, issue the following
And Now, this 21st day of June, 1976, the appeal of Clinton E. Hoffer from the decision of the Unemployment Compensation Board of Review, dated June 24, 1975, is hereby sustained and this matter shall be remanded to the Board for action and determination consistent with this opinion.
The Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §751 et seq.
We have examined the record and note that the employer carried his burden of showing that the claimant’s discharge was for willful misconduct. This determination was made, however, without any evidence or testimony on behalf of the claimant.
Upon appeal, if the Board determines that additional evidence is necessary, it ordinarily remands the case to a referee who serves then as hearing officer for the Board, receives such additional evidence as may be necessary to a proper determination and submits the complete record for the Board's consideration. Here, the hearing officer was the same referee who had originally decided the case.
The Claimant failed to appear at the first remand hearing scheduled on April 9, 1975, although apparently as the result of some excusable confusion, this second hearing was then scheduled for April 25, 1975.
Ms. Ann E. Beeser is, in fact, Secretary to the Board.
Page 3 of the notes of testimony from the hearing held on April 25, 1975.
See footnote 6.
Title 34, Pennsylvania Code, Section 101.21.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.