§ 101.88. Decision on original appeal.
The tribunal shall affirm, modify or reverse the decision of the Department as shall appear just and proper from the evidence submitted. The decision shall be rendered promptly after the conclusion of the hearing and shall set forth the following:
(1) The names and addresses of parties involved, appeal number and claimant’s social security number.
(2) A history of the case, including the date of application for benefits, claim week ending dates, date of appeal and identity of appellant.
(3) The date and nature of the determination (decision) being appealed.
(4) Findings of fact.
(5) Reasons for the decision.
(6) Conclusions of law.
(7) The order.
Source The provisions of this § 101.88 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
Notes of Decisions Decision
Because the alleged unwritten assurance of the referee that he would issue a decision in favor of the claimant did not conform to the requirements of 34 Pa. Code § 101.88 (relating to decision on original appeal) and because there was no copy mailed to the parties as required by 34 Pa. Code § 101.89 (relating to notice of decision), there was no formal decision issued. Zinicola v. Unemployment Compensation Board of Review, 407 A.2d 474 (Pa. Cmwlth. 1979).
Dismissal of Appeal
The dismissal, based upon the claimant’s failure to appear, of an appeal from a finding of noneligibility for benefits based upon the self-employment of the claimant, will be reversed where the referee has failed to make the required findings of fact as to self-employment as required by paragraph (4), but rather dismisses the claim merely because of claimant’s failure to attend the hearing, and where the claimant states reasons for his failure to appear in his petition for appeal to the Board, which reasons are not evaluated by the Board to determine if they constitute proper cause for claimant’s absence. Eckert v. Unemployment Compensation Board of Review, 483 A.2d 1059 (Pa. Cmwlth. 1984).
Findings of Fact
Board’s failure to comply with the mandates of Unemployment Compensation Law (43 P. S. § 824), as well as with this section promulgated by Board itself, warranted vacation of order and remand for further proceedings, where Board did not make findings of fact or conclusions of law based on evidence presented to referee, but instead based on appeal of claimants’ partner. McGoldrick v. Unemployment Compensation Board of Review, 526 A.2d 461 (Pa. Cmwlth. 1987).
Cross References This section cited in 34 Pa. Code § 101.109 (relating to decision of Board).
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