Benefits awarded where employer failed to appear at hearing
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Monday, October 28, 2019

Benefits awarded where employer failed to appear at hearing

By Payroll and Entitlements Editorial Staff

After the claimant was denied benefits by the Department, she appealed and appeared at a telephonic hearing before an ALJ. Her employer failed to appear because it did not provide a contact number at which it could be reached within the requisite 24-hour period before the hearing. The ALJ thus reversed the denial of benefits. The employer appealed, claiming that it was denied due process or a reasonable opportunity to participate in the hearing. Based on the record, however, the court concluded that the employer had not established that it was denied due process or a reasonable opportunity to participate in the telephonic hearing because the date on its fax cover sheet and on the fax transmittal confirmation both stated that the document was transmitted to the ALJ after the hearing. Moreover, the employer did not call the ALJ's clerk to confirm its phone number or retain a copy of the fax confirmation to prove that its document was faxed in a timely manner. The Board's decision to award benefits was affirmed (Fidelity Automotive Group, Inc., Ind. Ct. of App., No. 19A-EX-614, October 4, 2019).

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