Delaware court finds credible witness of incident to refute claimant’s hearsay claim
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Monday, December 2, 2019

Delaware court finds credible witness of incident to refute claimant’s hearsay claim

By Payroll and Entitlements Editorial Staff

The claimant in this case alleged that only hearsay evidence was available to show whether or not she threw a valuable piece of the employer’s property on the floor, which was against company policy. However, a witness with first-hand knowledge of the incident came forward and testified at the Board hearing that the claimant did in fact deliberately throw the object. Since the Board resolved the factual dispute in favor of the employer, and the employer had a company policy prohibiting such conduct, the court determined that the Board’s decision was supported by substantial evidence. Benefits were denied (Marie A. Mondestin v. Purdue Foods LLC and UIAB, Del. Super. Ct., No. S19A-07-004, October 28, 2019).

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