Opinion by
Margaret P. Myers (claimant) has appealed from an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee’s decision denying benefits to claimant, pursuant to Section 402(b)(1) of the Unemployment Compensation Law (Act).
The referee’s findings of fact, which were subsequently adopted by the Board, indicate that the referee rejected much of claimant’s testimony. Apparently attaching credibility to the employer’s witnesses, the referee found that “claimant had originally been hired as the office manager” and “claimant did not hold the position of comptroller of the corporation and the company never had a comptroller.” In the discussion, the referee rejected the reasoning of the Office of Employment Security that claimant was ineligible for benefits on the ground that she was self-employed; the referee determined that claimant was not self-employed, since she did not “exercise a substantial degree of control over the corporation,” in accordance with the standard announced in Starinieri Unemployment Compensation Case, 447 Pa. 256, 289 A.2d 726 (1972). The referee nevertheless concluded that claimant was ineligible for benefits, pursuant to Section 402(b)(1) of the Act, for voluntarily leaving her employment without cause of a
On June 2, 1980, claimant filed a request for a rehearing, on the ground that additional evidence had come to light regarding her termination which had not been available at the time of the hearing before the referee. Claimant’s attorney sent a followup letter advising the Board that evidence had surfaced indicating that claimant was comptroller of the corporation and did not voluntarily terminate her employment. Without holding a hearing or making its own findings of fact, the Board issued a decision on July 16, 1980, affirming the referee’s determination. This decision made no reference to claimant’s request for a rehearing. '
On appeal, claimant argues that the Board abused its discretion by refusing to grant her a rehearing. Although the Act does hot provide guidelines for the exercise of the Board’s discretion in granting or denying a rehearing, it is generally understood that a proper ground for a rehearing is to afford the claimant an opportunity to adduce evidence not offered at the original hearing because it was not then available. See Douglas v. Workmen's Compensation Appeal Board, 32 Pa. Commonwealth Ct. 156, 377 A.2d 1300 (1977). We agree that the Board abused its discretion in this case, since claimant alleged that she had obtained evidence that had been unavailable at the time of the referee’s hearing, and the Board held no hearing or other evidentiary proceeding to determine the validity of claimant’s averments.
The Board asserts that it did not abuse its discretion in denying a rehearing, since claimant had known that the nature of her position at the corporation and
Order
And Now, this 5th day of March, 1982, the order of the Unemployment Compensation Board of Review, dated July 16, 1980, denying benefits to Margaret P. Myers, is reversed, and the case is remanded to the Board for further proceedings consistent with this opinion.
Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b)(l).
