186 Pa. Super. 290 | Pa. Super. Ct. | 1958
Opinion by
In this unemployment compensation case the claimant-appellant, Viola Daisy Davidson, was employed as a chambermaid on a boat by the United States Steel Corporation, Clairton, Pennsylvania. She voluntarily terminated her employment because her daughter was no longer able to provide transportation for her, the daughter having secured employment which prevented her from driving the claimant from her home, located near West Brownsville, Pennsylvania, to Clairton, a distance of 30 miles. On August 7, 1957 the bureau found her eligible for compensation. The employer appealed. On September 23,. 1957 the referee found her
Claimant argues, inter alia, that the board erred "in finding claimant ineligible without further hearing or argument." The hearing before the referee to take additional testimony, even though he did so as an agent of the board, did not afford the claimant the opportunity of a hearing before the board. The referee always acts as an agent or representative of the board. It is clear that the claimant was never afforded an opportunity for a hearing before the board. "When any claim pending before a referee is removed or transferred to the board, the board shall afford the parties and the department reasonable opportunity for a fair hearing." Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, art. V, § 504; Act of April 23, 1942, Ex. Sess., P.L. 60, § 5; Act of September 29, 1951, P.L.
Case remanded to the board for further hearing, in accordance with this opinion.