Gibson v. Unemployment Compensation Board of Review, 110719 PACCA, 1732 C.D. 2018

Docket Nº:1732 C.D. 2018
Opinion Judge:RENÉE COHN JUBELIRER, JUDGE.
Party Name:Nicole Maire Gibson, Petitioner v. Unemployment Compensation Board of Review, Respondent
Judge Panel:BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge.
Case Date:November 07, 2019
Court:Commonwealth Court of Pennsylvania
 
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Nicole Maire Gibson, Petitioner

v.

Unemployment Compensation Board of Review, Respondent

No. 1732 C.D. 2018

Commonwealth Court of Pennsylvania

November 7, 2019

OPINION NOT REPORTED

Submitted: August 16, 2019

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge.

MEMORANDUM OPINION

RENÉE COHN JUBELIRER, JUDGE.

Nicole Maire Gibson (Claimant) petitions for review of a December 7, 2018 Order of the Unemployment Compensation (UC) Board of Review (Board) that adopted and affirmed the Referee's Decision finding Claimant ineligible for benefits under Section 402(b) of the UC Law.1 The Referee determined Claimant quit her part-time employment without a necessitous and compelling reason based upon the record before the Referee because neither Claimant nor Springwood Hospitality d/b/a Hilton (Employer) appeared at the hearing. The Board subsequently refused to remand for a new hearing, concluding Claimant did not have a legally sufficient reason for missing the first hearing. Further, because Claimant failed to appear for the first hearing, the Board agreed with the Referee that Claimant offered no competent evidence that she was terminated instead of voluntarily quit. Based on a review of the record, we are constrained to affirm.

I.

BACKGROUND

Claimant was employed part-time by Employer as a housekeeper. On March 25, 2018, Claimant filed a claim for UC benefits, indicating that she was discharged from her job with Employer without reason. (Internet Initial Claims, Certified Record (C.R.) Item 2.) Upon receipt of the claim, the local Service Center requested additional information through oral interviews from Claimant and Employer. Employer provided a statement that "she did not show up for her shift and she did not return manager['s] calls she quit [sic]." (Employer Record of Oral Interview and Employer Questionnaire, C.R. Item 4.) In addition, Employer checked the voluntary quit box on the Employer Questionnaire. Claimant failed to respond to the local Service Center's phone call or letter requesting a return phone call to discuss the reason for her separation from employment. (Claimant Record of Oral Interview and Request for Information, C.R. Item 5.)

On April 13, 2018, the local Service Center issued a Notice of Determination, finding Claimant voluntarily quit for unknown reasons and because Claimant did not show she had a necessitous and compelling reason for quitting, she was ineligible for benefits under Section 402(b) of the UC Law. (Notice of Determination, C.R. Item 6.)

A.

Claimant's Appeal to the Referee

On April 19, 2018, Claimant appealed the Notice of Determination to a Referee for a hearing regarding whether Claimant was discharged or voluntarily left work. (Claimant's Petition for Appeal, C.R. Item 7.) A hearing was scheduled for 10:15 a.m. on May 11, 2018, at the Harrisburg Referee Office. (Notice of Hearing, C.R. Item 9.) The Notice of Hearing provided that the parties "MUST report at least 15 minutes prior to the designated hearing time to review the file." (Id.) The Notice of Hearing further advised that "[i]f you are prevented from attending the scheduled hearing because of a compelling reason, you may request to have the hearing reopened." (Id.) To do so, the Notice of Hearing advised that the party requesting the hearing to be reopened must "set forth specific reasons and...

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