request to reopen hearing in Pennsylvania

2016However, we have also held that “a party’s own negligence is not sufficient ‘good cause’ as a matter of law for failing to appear at a Referee’s hearing.” Eat’n Park Hospitality Group, Inc. v. Unemployment Compensation Board of Review, 970 A.2d 492, 494 (Pa. Cmwlth. 2008); Savage v. Unemployment Compensation Board of Review, 491 A.2d 947, 950-51 (Pa. Cmwlth. 1985) (stating that “[c]laimant’s own negligence [in misreading the timely received hearing notice] was the sole cause of his not appearing at . . . the referee’s hearing” and that “[his] own negligence is insufficient ‘proper cause,’ as 1

2016However, we have also held that “a party’s own negligence is not sufficient ‘good cause’ as a matter of law for failing to appear at a Referee’s hearing.” Eat’n Park Hospitality Group, Inc. v. Unemployment Compensation Board of Review, 970 A.2d 492, 494 (Pa. Cmwlth. 2008); Savage v. Unemployment Compensation Board of Review, 491 A.2d 947, 950-51 (Pa. Cmwlth. 1985) (stating that “[c]laimant’s own negligence [in misreading the timely received hearing notice] was the sole cause of his not appearing at . . . the referee’s hearing” and that “[his] own negligence is insufficient ‘proper cause,’ as 7

2016However, we have also held that “a party’s own negligence is not sufficient ‘good cause’ as a matter of law for failing to appear at a Referee’s hearing.” Eat’n Park Hospitality Group, Inc. v. Unemployment Compensation Board of Review, 970 A.2d 492, 494 (Pa. Cmwlth. 2008); Savage v. Unemployment Compensation Board of Review, 491 A.2d 947, 950-51 (Pa. Cmwlth. 1985) (stating that “[c]laimant’s own negligence [in misreading the timely received hearing notice] was the sole cause of his not appearing at . . . the referee’s hearing” and that “[his] own negligence is insufficient ‘proper cause,’ as 7

2016However, we have also held that “a party’s own negligence is not sufficient ‘good cause’ as a matter of law for failing to appear at a Referee’s hearing.” Eat’n Park Hospitality Group, Inc. v. Unemployment Compensation Board of Review, 970 A.2d 492, 494 (Pa. Cmwlth. 2008); Savage v. Unemployment Compensation Board of Review, 491 A.2d 947, 950-51 (Pa. Cmwlth. 1985) (stating that “[c]laimant’s own negligence [in misreading the timely received hearing notice] was the sole cause of his not appearing at . . . the referee’s hearing” and that “[his] own negligence is insufficient ‘proper cause,’ as 1

2019Bd. of Review, 487 A.2d 1028, 1030 (Pa. Cmwlth. 1985) (“the decision to grant or deny a request to reopen a hearing is within the Board’s discretion”).

1987Cannady v. Unemployment Compensation Board of Review, 87 Pa. Commonwealth Ct. 457 , 487 A.2d 1028 (1985).

2018John Kenneth, Ltd. v. Unemployment Compensation Board of Review, 444 A.2d 824, 826 (Pa. Cmwlth. 1982). 4 mechanism for a party who did not attend a scheduled hearing to submit a request to reopen the hearing and/or obtain a remand for a hearing).

1986The Supreme Court, in In re J.E.F., 487 Pa. 455, 458 , 409 A.2d 1165, 1166 (1979), said “[t]he general rule is that ‘a court may, in its discretion, reopen the case after a party has closed for the taking of additional testimony, but such matters are peculiarly within the sound discretion of the trial court____’ Such a ruling will be disturbed only if the court has abused its discretion.

1986The Supreme Court, in In re J.E.F., 487 Pa. 455, 458 , 409 A.2d 1165, 1166 (1979), said “[t]he general rule is that ‘a court may, in its discretion, reopen the case after a party has closed for the taking of additional testimony, but such matters are peculiarly within the sound discretion of the trial court____’ Such a ruling will be disturbed only if the court has abused its discretion.