Tuesday, March 20, 2012

NEW YORK UNEMPLOYMENT INSURANCE HEARINGS - CREDIBILITY ISSUES

In the matter I was handling, the conflict in testimony was not between the claimant's signed statement and later testimony but between the summary of an interview by claimant with the DOL on one hand and the claimant's testimony, the testimony of a witness and a document. Thus, on appeal to the Appeal Board, I argued that Matter of Jensen did not apply and the Appeal Board remanded the matter for a new hearing (which was held but no decision yet).

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