Kentucky court remands case where company was represented by non-attorney before referee and Commission
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Thursday, June 27, 2019

Kentucky court remands case where company was represented by non-attorney before referee and Commission

By Payroll and Entitlements Editorial Staff

The claimant, a clinical engineering specialist, was discharged for alleged misconduct. The company was represented by a non-attorney in the administrative proceedings before the referee and the Commission. Such representation was contrary to state law, which requires an employer to represent itself or be represented by legal counsel before the referee or the Commission. Thus, the lower court's decision denying benefits was reversed with instructions to remand the matter to the Commission for a new hearing (Nichols v. UIC and Norton Healthcare, Inc., Ky. Ct. of App., NO. 2017-CA-001156-MR, April 26, 2019).

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