UC - failure to subpoena crucial witness precludes claim of due process violation for inability to cross-examine that witness

Phila. Parking Authority v. UCBR – Cmwlth. Court – 1-17-24 – precedential

https://www.pacourts.us/assets/opinions/Commonwealth/out/116CD23_1-17-24.pdf?cb=1

 

Held: 

1. Where employer was not at initial hearing, failure to subpoena claimant at remand hearing precludes claim of violation of procedural due process for inability to cross-examine claimant, who testified at initial hearing.

2) Employer failed to prove claimant misconduct 

3) Court cannot reweigh the evidence, where the Board resolved conflicting evidence in favor of prevailing party

4) Where certain testimony is crucial to employer’s case, it must present that evidence directly, through a witness, and not by uncorroborated hearsay