Wednesday, October 15, 2008

UC - hearing - continuance - good cause - new job

Ammon v. UCBR - Cmwlth. Court - October 14, 2008 - unreported memorandum decision

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/795CD08_10-14-08.pdf

Refusal to grant claimant's last minute request for a continuance was an abuse of discretion, where it resulted from an unexpected, last-minute opportunity to begin employment on the day of the hearing.

Normally, last-minute requests are disfavored. However, in this case the request was supported by "proper cause" under 34 Pa. Code ยง 101.23 http://www.pacode.com/secure/data/034/chapter101/s101.23.html.

The refusal to grant it would penalize a person who actually found work and would be "contrary to the goal of stabilizing employment." Shegan v. UCBR, 564 A.2d 1022, 1025 n. 5 (Pa. Cmwlth. 1989).

>