Tuesday, September 14, 2010

UC - hearing - remand -

Hill v. UCBR - Cmwlth. Court - unreported memorandum decision


Claimant’s excuse that she did not attend because she got the hearing date “mixed up,” was not a valid reason for a remand hearing even if the Board believed her. The Board has discretion under its regulation, 34 Pa. Code §101.24(a), to decide whether a remand is necessary. The denial of an application for remand will be reversed only for a clear abuse of discretion. Flores v. UCBR, 686 A.2d 66 (Pa. Cmwlth. 1996).

This Court has held that a claimant’s own negligence is not “proper cause” to justify the failure to appear at a referee’s hearing. Savage v. UCBR, 491 A.2d 947 (Pa. Cmwlth. 1985). Clearly, it was Claimant’s own negligence that prevented her from attending the hearing.