In re the Claim of Gawrys

Summary

The court reversed Unemployment Insurance Appeal Board decisions finding that Medical Delivery Services was liable for unemployment insurance contributions based on remuneration paid to the claimant and similarly situated drivers. It held that the employer was denied due process when it was prevented from presenting relevant, noncumulative expert testimony concerning federal regulations governing the drivers’ work, and remitted the matter for a new hearing.

Holdings

1. An employer has the right to call and examine witnesses in an unemployment insurance hearing, and relevant, noncumulative expert testimony concerning whether governmental regulations mandated the alleged control over a claimant may not be excluded merely because the parties entered a stipulation addressing the regulations.
2. The procedural irregularity violated due process and required reversal of the Board's decisions and remand for a new hearing.

Questions Presented

1. Whether the ALJ improperly prevented Medical Delivery Services from eliciting relevant, noncumulative expert testimony concerning federal transportation regulations and the claimant's employment status.
2. Whether the exclusion of that testimony deprived Medical Delivery Services of due process and required reversal and a new hearing.

Disposition

reversed_and_remanded