Section 33
APPEALS, Scope of review, Issues before Board
CITE AS: Hoagland (Chrysler Corp), 1986 BR 96529W (B82 22052).
Appeal pending: No
Claimant: Connie Hoagland
Employer: Chrysler Corp
Docket No: B82 22052 RO1 96529W
BOARD OF REVIEW HOLDING: On protest or appeal of a ruling by the Commission covering multiple issues, only the issue or issues which were decided adversely to the appealing party are preserved by the appeal.
FACTS: A Commission determination held claimant ineligible under the able and available requirement of Section 28(1)(c) and subject to restitution under 62(a) but not subject to the penalty provisions of 62(b) for intentional misrepresentation. Employer protested, contending claimant shall be subject to the fraud penalty. The employer's protest was timely, but nevertheless a Notice of Denial was issued. Employer appealed. The Referee found good cause on the procedural issue, then proceeded to affirm the findings of the determination. Employer did not appeal further. Claimant, however, requested a rehearing. Her request was denied and she then appealed to the Board of Review.
DECISION: Claimant's appeal dismissed in a decision by the full Board.
RATIONALE: The full Board noted the claimant did not protest the original determination. Further, she was not the appealing party at the appeal heard by the Referee. In light of that, the only issue properly before the Referee was the matter of the misrepresentation penalty appealed by the employer. As the Referee's decision on that issue was not adverse to the claimant, there was no basis for her appeal to the Board.
The Board observed a party "choosing to appeal from a ruling which is adverse to it should not confronted with the risk that other issues in which it has prevailed might be reversed, to its detriment, by virtue of such appeal."
6/91
3, 6, 9, 11, 14, 15:NA