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MISCELLANEOUS PROCEDURAL ISSUES

17-AT-02912-BR- Claimant’s attorney asserted that the Claimant did not receive due process due to the attorney not being notified of the hearing. The Claimant had received appeal documents herself, had not notified the Appeal Tribunal of her desire to have her attorney notified, and advised the Hearing Officer at hearing that she did not expect her attorney to participate.  Thus, the Claimant did receive due process.

17-AT-01879-BR - The Employer withdrew its appeal on the record after having been denied a continuance which it requested because it desired an attorney for representation upon learning the Claimant had one.  The Employer’s withdrawal cannot be rescinded because the Employer later changed its mind about the proceeding.  

16-AT-00291-BR - Remanded to allow the claimant to question an available witness whose handwritten comment is on an employer exhibit.