Wednesday, November 23, 2011

Utah Court of Appeals: Court "Takes Issue" with Workforce Appeals Board's Use of Unintroduced Computer Records to Overturn ALJ Decision

In Swenson v. Department of Workforce Services, the Utah Court of Appeals "[took] issue with the [Workforce Appeals] Board's reliance on evidence that was not presented to the ALJ or given to the parties" to reverse an ALJ's decision in an appeal of an unemployment benefits determination.  Although the Court ultimately affirmed the Workforce Appeals Board's decision on separate grounds, it spent significant time addressing the Board's reliance on Department of Workforce Service's computer records introduced at the Board level but not introduced during the initial hearing.  The Court concluded its analysis by stating that "the procedure followed by the Board appears to violate its own rules and Swenson's right to due process."

3 comments:

  1. Hey very good blog!!!! Wow... Gorgeous .. Amazing

    ReplyDelete
  2. Hello! I will be looking forward to visit your page again and for your other posts as well. Thank you for sharing your thoughts about business attorney in your area. I'm glad to stop by your site and know more about business attorney. This is a good read. Keep it up!
    In India, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961.
    Bennett & Belfort, P.C. is a law firm serving clients from across the country regarding legal matters within Massachusetts and Florida. The firm primarily focuses on employment law and litigation, business and commercial transactions and litigation, construction litigation, real estate litigation, and criminal matters. We are dedicated to providing our clients with experienced, innovative and cost effective legal solutions.

    business attorney boston

    ReplyDelete
  3. Thanks for such a great blog! Looking forward for more info soon.

    saint george utah lawyer

    ReplyDelete