UNEMPLOYMENT INSURANCE - HEARING AND APPEAL - REQUEST FOR HEARING - CASE NO. 3

Lesson 3 - Documents Speak Louder Than Words!

In this case, the important documents were the medical records and the other tribunal's certified disposition on the issue of misconduct.

Many cases are "Claimant said this, Employer said that". And in UI matters, the law is clear: issues of credibility are first determined by the DOL, then the ALJ and finally the Appeal Board and the conflicting evidence between various witnesses which presents credibility issues fall within the exclusive province of the Appeal Board, which is not obligated to adopt the Administrative Law Judge's (or the DOL's) contrary credibility determinations. See Matter of Cooney [Consolidated Edison Co. of N.Y. — Commissioner of Labor][2001]; Matter of Thompson [New York City Off. of Bronx Borough President — Commissioner of Labor][2000].

So, get documents to back up your case.