Kremis
v. UCBR – Cmwlth. Court – March 5, 2018 – unreported memorandum decision*
The
court remanded the case for a) further findings of facts and reasons, so that
the court could exercise appellate review OR b) order a new hearing, where
- neither party attended the referee
hearing
- the referee based his decision,
for the employer, solely on documents
- the referee made only two findings
of fact – 1) claimant work dates, and 2) that claimant quit his job
- the referee did not offer any
reasons for his finding that claimant quit his job.
From
the opinion:
Absence of
parties
– Neither party appeared at the hearing.
“When that occurs, 34 Pa. Code sec. 101.51 provides: If any party duly notified of the date, hour
and place of a hearing fails to attend a hearing without proper cause, the
hearing may be held in his absence. In the absence of all parties, the decision
may be based upon the pertinent available records. (Emphasis added.) See also
Gadsden v. Unemployment Compensation Board of Review, 479 A.2d 74 (Pa. Cmwlth.
1984) (holding that 34 Pa. Code § 101.51, taken together with Section 502 of
the Law,4 allows referees to decide the merits of a UC claim, even in the
absence of both parties)
Findings and
reasons: “While 34 Pa. Code § 101.51 provides that in
the absence of the parties, the Referee may make a decision based upon the
pertinent available records, the Referee is still not excused from making
findings and explaining the rationale for the determination. Eckert v. UCBR,
483 A.2d 1059 (Pa. Cmwlth. 1984). Where findings are not made which may be
legally determinative of a claimant’s eligibility for unemployment benefits, it
is not possible for this Court to perform appellate review. McGoldrick v. UCBR,
526 A.2d 461, 463 (Pa. Cmwlth. 1987). . . . Neither the Referee nor the Board
explained why they accepted Employer’s version of events rather than Claimant’s
version that he was terminated without just cause.”
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*An unreported
Commonwealth Court case may not be cited binding precedent but can be cited for
its persuasive value. See 210 Pa.
Code § 69.414(b) and Pa. R.A.P.
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