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ROBERT HUGHES v. COMMONWEALTH PENNSYLVANIA (06/03/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: June 3, 1982.

ROBERT HUGHES, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT

Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Robert W. Hughes, No. B-189144.

COUNSEL

Lee Moses, for petitioner.

William J. Kennedy, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Rogers, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 67 Pa. Commw. Page 64]

In this appeal, Claimant*fn1 by supplemental brief, contends that he was not advised of the rights afforded to him under 34 Pa. Code ยง 101.21(a).*fn2 Our review of the record indicates that the Claimant was not represented by counsel at the referee's hearing and that he was not advised of his rights.

[ 67 Pa. Commw. Page 65]

In Katz v. Unemployment Compensation Board of Review, 59 Pa. Commonwealth Ct. 427, 430 A.2d 354 (1981) we held that where the claimant complained that the referee failed to advise her as an uncounseled claimant of her procedural rights, the case would be remanded. In Peda v. Unemployment Compensation Board of Review, 64 Pa. Commonwealth Ct. 184, 439 A.2d 888 (1982) we held that this issue could be raised, although not briefed, at oral argument.

As we have noted, the issue has been raised in the instant case by supplemental brief and must be remanded, therefore, in light of our prior holdings.

Order

The order of the Unemployment Compensation Board of Review dated October 29, 1980, No. B-189144, denying unemployment compensation benefits to Robert Hughes is vacated and remanded for proceedings consistent with this opinion.

Disposition

Order vacated. Case remanded.


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