Thursday, July 12, 2012

NEW YORK UNEMPLOYMENT INSURANCE - APPEALS TO APPEAL BOARD

However, I should note this:

In one matter in which I represented the claimant, after the ALJ reversed the DOL adverse determination, the employer appealed and hired an attorney to file the appeal. But the Appeal Board issued a letter stating that the notice was not timely filed and a hearing was held, by telephone, on the issue of whether the employer timely filed an appeal. The employer's attorney argued that the notice was timely sent but that the Appeal Board did not acknowledge receipt - or a "lost in the mail" argument. There were several phone hearings and the Appeal Board finally accepted the affidavit of service by the attorney's secretary and ruled the notice was filed in time.

But after the attorney for the employer reviewed the hearing transcript, the appeal was withdrawn and the claimant retained benefits.

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