Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Glenn G. Eckert, No. B-212874.
M. Lawrence Shields, III, Kratzenberg & Shields, P.C., for petitioner.
Charles G. Hasson, Acting Deputy Chief Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Doyle.
Glenn G. Eckert (Claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) which affirmed a referee's denial of benefits which resulted when Claimant failed to appear at the referee's hearing.
Claimant had been receiving unemployment compensation benefits from a previous separation of employment when he accepted a position with Placid Manor Sales, Inc., on August 17, 1982. Claimant was
to have received training from Placid Manor, following which he was to have obtained a license to sell mobile homes and begin to make sales on a commission basis. On September 20, 1982, however, Placid Manor went out of business temporarily and Claimant was not hired back following its reopening.
On October 18, 1982 the Office of Employment Security issued a Notice of Determination denying Claimant unemployment compensation benefits for the four weeks between September 18 and October 9, 1982. This denial was based upon a finding that Claimant was self-employed and therefore ineligible for benefits under Section 402(h) of the Unemployment Compensation Law (Law).*fn1 Claimant immediately appealed from this determination and a notice was sent to him on October 27, 1982 scheduling a hearing before a referee for November 10, 1982. Neither Claimant nor his employer appeared at the hearing, and the referee, having received no request for a continuance, closed the hearing and dismissed the appeal.
A petition for a further appeal was received by the Board on November 22, 1982, together with Claimant's written statement explaining that he had failed to appear at the hearing because of an electrical failure at his home. On December 21, 1982, the Board affirmed the decision of the referee, and the appeal to this Court followed.
Claimant's principal argument here is that the Board did not consider whether Claimant's failure to appear before the referee was due to "proper cause",*fn2 and ...