referees hearing in Pennsylvania

8 Pennsylvania opinions name it 1 courts 1986–1988 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
Goodman v. Commonwealth, Unemployment Compensation Board of Reviewgreen pacommwct · 1982 · cited in 1 Pennsylvania opinions naming this issue, 1986–1986 2 sentences 1986“To allow a determination of a legal issue which the claimant is unprepared to defend or explain (absent, of course, both parties’ consent) is fundamentally unfair and, as such, will not be allowed by this Court.” Goodman v. Unemployment Compensation Board of Review, 68 Pa. Commonwealth Ct. 52, 56 , 447 A.2d 1127, 1128 (1982). 1986“To allow a determination of a legal issue which the claimant is unprepared to defend or explain (absent, of course, both parties’ consent) is fundamentally unfair and, as such, will not be allowed by this Court.” Goodman v. Unemployment Compensation Board of Review, 68 Pa. Commonwealth Ct. 52, 56 , 447 A.2d 1127, 1128 (1982).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Corressel v. Commonwealth green pacommwct · 1978 2 sentences 1986In Corressel v. Unemployment Compensation Board of Review, 35 Pa. Commonwealth Ct. 437 , 385 A.2d 615 (1978), we interpreted 34 Pa. Code §101.87 as requiring that “the evidence adduced and determination made at the referees hearing be limited to the legal issue ruled on” by the office. 35 Pa. Commonwealth Ct. at 439 , 385 A.2d at 616 . 1986In Corressel v. Unemployment Compensation Board of Review, 35 Pa. Commonwealth Ct. 437 , 385 A.2d 615 (1978), we interpreted 34 Pa. Code §101.87 as requiring that “the evidence adduced and determination made at the referees hearing be limited to the legal issue ruled on” by the office. 35 Pa. Commonwealth Ct. at 439 , 385 A.2d at 616 .	2	1986–1986
Parker v. Commonwealth green pacommwct · 1988 2 sentences 1988Id. at 93 , 540 A.2d at 313 . 1988Id. at 93 , 540 A.2d at 313 .	1	1988–1988
Sorge v. Unemployment Compensation Board of Review green pacommwct · 1977 2 sentences 1988Sorge v. Unemployment Compensation Board of Review, 29 Pa. Commonwealth Ct. 282 , 370 A.2d 818 (1977). 1 Claimant in the present matter admitted at the referees hearing that he engaged in a fight with a co-employee and assaulted him during the course of that fight. 1988Sorge v. Unemployment Compensation Board of Review, 29 Pa. Commonwealth Ct. 282 , 370 A.2d 818 (1977). 1 Claimant in the present matter admitted at the referees hearing that he engaged in a fight with a co-employee and assaulted him during the course of that fight.	1	1988–1988
Lenz v. Commonwealth green pacommwct · 1981 2 sentences 1988In rejecting the claimants contention that the referee could not consider the 402(b) issue, since claimant had not appealed that issue, this Court stated: We recognize that the claimant probably did not intend to reopen the inquiry into her cause for leaving employment, for that issue involving Section 402(b) had been resolved in her favor by the Office, but this issue had been expressly ruled upon by the Office in its determination and notice, and according to 34 Pa. Code 379 §101.87, it was therefore a proper area for inquiry at the referees hearing. 61 Pa. Commonwealth Ct. at 168-169 , 432 1988In rejecting the claimants contention that the referee could not consider the 402(b) issue, since claimant had not appealed that issue, this Court stated: We recognize that the claimant probably did not intend to reopen the inquiry into her cause for leaving employment, for that issue involving Section 402(b) had been resolved in her favor by the Office, but this issue had been expressly ruled upon by the Office in its determination and notice, and according to 34 Pa. Code 379 §101.87, it was therefore a proper area for inquiry at the referees hearing. 61 Pa. Commonwealth Ct. at 168-169 , 432	1	1988–1988
Cudo v. Hallstead Foundry, Inc. green pa · 1988 2 sentences 1988We note that in Cudo v. Hallstead Foundry, Inc., 517 Pa. 553 , 539 A.2d 792 (1988), our Supreme Court recently reversed this Court for incorrectly imposing on the Board the judicial standard that a new trial on the basis of after discovered evidence may only be granted if the evidence could not have been obtained at trial by reasonable diligence. 1988We note that in Cudo v. Hallstead Foundry, Inc., 517 Pa. 553 , 539 A.2d 792 (1988), our Supreme Court recently reversed this Court for incorrectly imposing on the Board the judicial standard that a new trial on the basis of after discovered evidence may only be granted if the evidence could not have been obtained at trial by reasonable diligence.	1	1988–1988
Cugini v. Commonwealth, Unemployment Compensation Board of Review green pa · 1986 2 sentences 1987Because Claimant does not raise the issue before this Court, we need not, and do not, decide whether, in light of our Supreme Courts recent decision in Cugini v. Unemployment Compensation Board of Review, 511 Pa. 264 , 512 A.2d 1169 (1986), this payment would be allocated to the quarter in which it was received by Claimant, or the quarter in which Claimant performed the work to earn it. 1987Because Claimant does not raise the issue before this Court, we need not, and do not, decide whether, in light of our Supreme Courts recent decision in Cugini v. Unemployment Compensation Board of Review, 511 Pa. 264 , 512 A.2d 1169 (1986), this payment would be allocated to the quarter in which it was received by Claimant, or the quarter in which Claimant performed the work to earn it.	1	1987–1987
Fernandes v. Commonwealth, Unemployment Compensation Board of Review green pacommwct · 1980 2 sentences 1986Farmland Industries, Inc. v. Unemployment Compensation Board of Review, 84 Pa. Commonwealth Ct. 57 , 478 A.2d 524 (1984); Fernandes v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 79 , 416 A.2d 644 (1980). 1986Farmland Industries, Inc. v. Unemployment Compensation Board of Review, 84 Pa. Commonwealth Ct. 57 , 478 A.2d 524 (1984); Fernandes v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 79 , 416 A.2d 644 (1980).	1	1986–1986
Farmland Industries, Inc. v. Commonwealth, Unemployment Compensation Board of Review green pacommwct · 1984 2 sentences 1986Farmland Industries, Inc. v. Unemployment Compensation Board of Review, 84 Pa. Commonwealth Ct. 57 , 478 A.2d 524 (1984); Fernandes v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 79 , 416 A.2d 644 (1980). 1986Farmland Industries, Inc. v. Unemployment Compensation Board of Review, 84 Pa. Commonwealth Ct. 57 , 478 A.2d 524 (1984); Fernandes v. Unemployment Compensation Board of Review, 53 Pa. Commonwealth Ct. 79 , 416 A.2d 644 (1980).	1	1986–1986

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