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Massie v. Unemployment Comp. Bd. of Rev.

Pennsylvania Commonwealth Court

June 1, 2021

The Pennsylvania Commonwealth Court reversed an Unemployment Compensation Board of Review order that had affirmed a referee’s determination. The referee found that the claimant failed to prove that he had necessitous and compelling cause to quit his job. Initially, the Commonwealth Court dealt with a COVID-related fiasco: the employer failed to appear at the initial telephonic hearing, but hours after it was over, the employer left a voicemail indicating why no representative had appeared. The referee and Board considered that a request to reopen the hearing and scheduled additional testimony. The Court held that reopening the record was an error, and any decision should be made on the initial hearing only. Based on the more limited record, the Court found that the claimant proved his eligibility for benefits.

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