Unemployment compensation law




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Compiler's Note: Section 18(7) of Act 60 of 2012, which amended subsecs. (a), (c), and (e)(1) and (2), provided that the amendment of subsecs. (a), (c) and (e)(1) and (2) shall apply to benefit years which begin after December 31, 2012.

Compiler's Note: See section 9(4), (5), (6) and (7) in the appendix to this act for special provisions relating to applicability.

Section 404.1.  Extension of Benefits; Benefit Charges.--(404.1 repealed Feb. 9, 1971, P.L.1, No.1)

Section 405.  Duties of Employers.--Each employer shall post in a conspicuous place, or places, in his establishment, or establishments, any printed statement or notice required by the rules and regulations of the department.

(405 amended Apr. 23, 1942, Sp. Sess., P.L.60, No.23)

Section 406.  Nonliability of Commonwealth.--Compensation shall be deemed to be due and payable under this act only to the extent provided in this act, and to the extent that moneys are available therefor to the credit of the Unemployment Compensation Fund, and neither the Commonwealth, the department, nor the secretary shall be liable for any amount in excess of such moneys.

(406 amended Apr. 23, 1942, Sp. Sess., P.L.60, No.23)

Section 407.  Compensation to Members of the Armed Forces.--(407 repealed June 22, 1964, Sp. Sess., P.L.112, No.7)

Section 408.  Limitation on the Validity of Claims.--Final payment of compensation claimed under the provisions of this act shall not be made more than two years from the last day of the week for which compensation is claimed if such final payment has not been made within such two-year period because the claimant (1) is reported by the postal authorities as "unknown" at the last address which the employe has given to the department, (2) has failed to properly notify the department that he has not received the compensation claimed, (3) has failed to have presented to the State Treasurer for final payment a check received in payment of the compensation claimed, or (4) has failed to properly request the re-issuance of a check which has become lost or destroyed or the validity date of which has expired: Provided, That one year has elapsed from the date the check was issued or, if no check has been issued, from the last date that the claimant requested payment. The provisions of this section shall also apply to the endorser of any check issued in payment of compensation under the provisions of this act.

(408 added May 23, 1949, P.L.1738, No.530)

 

ARTICLE IV-A



EXTENDED BENEFITS PROGRAM

(IV-A added Feb. 9, 1971, P.L.1, No.1)

 

Section 401-A.  Definitions.--As used in this article:



(a)  "Extended benefit period" means a period which

(1)  Begins with the third week after the week for which there is a State "on" indicator.

(2)  Ends with either of the following weeks, whichever occurs later:

(A)  the third week after the first week for which there is a State "off" indicator; or

(B)  the thirteenth consecutive week of such period:

Provided, That no extended benefit period may begin by reason of:

(i)  a State "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State, or

(ii)  a State "on" indicator under subsection (c)(1) later than the twelfth week before the last week to which subsection (c.1)(3) applies.

((a) amended Feb. 9, 2012, P.L.69, No.10)

(b)  (1)  There is a "State 'on' indicator" for this State for a week if the Secretary of Labor and Industry determines in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this act:

(i)  (A)  equaled or exceeded one hundred twenty per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, or

(B)  with respect to weeks specified in subsection (c.1)(1), equaled or exceeded one hundred twenty per centum (120%) of the average of such rates for the corresponding thirteen-week period ending in each of the preceding three calendar years, and

(ii)  equaled or exceeded five per centum: Provided, That with respect to benefits for weeks of unemployment beginning with the passage of this amendment but no earlier than April 3, 1977, the determination of whether there has been a State "on" or "off" indicator beginning or ending any extended benefit period shall be made under this paragraph as if (A) this paragraph did not contain subparagraph (i) thereof, and (B) the per centum rate indicated in this paragraph were six, except that, notwithstanding any such provision of this paragraph, any week for which there would otherwise be a State "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a State "off" indicator.

(2)  There is a "State 'off' indicator" for this State for a week if the Secretary of Labor and Industry determines in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this act:

(i)  was less than one hundred twenty per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, if paragraph (1)(i)(A) applies or, the preceding three calendar years, if paragraph (1)(i)(B) applies, or

(ii)  was less than five per centum.

(3)  Notwithstanding the provisions of this subsection, any week for which there would otherwise be a State "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a State "off" indicator.

((b) amended Feb. 9, 2012, P.L.69, No.10)

(c)  (1)  There is a "State 'on' indicator" for this State for a week specified in subsection (c.1)(2) if:

(i)  the average rate of total unemployment in this State, seasonally adjusted, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds six and one-half per centum; and

(ii)  (A)  the average rate of total unemployment in this State, seasonally adjusted, for the three-month period referred to in subparagraph (i) equals or exceeds one hundred ten per centum of such average rate for either, or both, of the corresponding three-month periods ending in the two preceding calendar years, or

(B)  with respect to weeks specified in subsection (c.1)(1), the average rate of total unemployment in this State, seasonally adjusted, for the three-month period referred to in subparagraph (i) equals or exceeds one hundred ten per centum (110%) of such average rate for any, or all, of the corresponding three-month periods ending in the three preceding calendar years.

(2)  There is a State "off" indicator for this State for a week if the requirements of paragraph (1)(i) or (ii) are not satisfied.

(3)  ((3) Deleted by amendment)

(4)  Notwithstanding the provisions of this subsection, any week for which there would otherwise be a State "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a State "off" indicator.

(5)  For purposes of this subsection, determinations of the rate of total unemployment for any period, and of any seasonal adjustment, shall be made by the United States Secretary of Labor.

((c) amended Feb. 9, 2012, P.L.69, No.10)

(c.1)  (1)  Subsections (b)(1)(i)(B) and (c)(1)(ii)(B) apply to weeks that meet both of the following criteria:

(i)  The week is a week for which the provisions of those subsections are authorized by Federal law.

(ii)  The week ends not later than April 30, 2012, and not less than twenty-eight (28) days before the last day of the last week to which paragraph (3) applies.

(2)  Except as provided in paragraph (1), subsection (c)(1) applies to weeks that meet both of the following criteria:

(i)  The week ends not more than twenty-one (21) days before the last day of the first week to which paragraph (3) applies.

(ii)  The week ends not later than April 30, 2012, and not less than twenty-eight (28) days before the last day of the last week to which paragraph (3) applies.

(3)  This paragraph applies to weeks of unemployment for which one hundred per centum (100%) Federal sharing of extended benefits is available under section 2005(a) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5, 123 Stat. 115), without regard to the extension of Federal sharing for certain claims as provided under section 2005(c) of the American Recovery and Reinvestment Act of 2009 or under a subsequently enacted provision of Federal law.

((c.1) added Feb. 9, 2012, P.L.69, No.10)

(d)  "Rate of insured unemployment," for purposes of clauses (b) and (c) of this section, means the percentage derived by dividing

(1)  the average weekly number of individuals filing claims for regular benefits in this State for weeks of unemployment with respect to the most recent thirteen consecutive week period, as determined by the Secretary of Labor and Industry on the basis of his reports to the United States Secretary of Labor, by

(2)  the average monthly employment covered under this act for the first four of the most recent six completed calendar quarters ending before the end of such thirteen-week period.

(e)  "Regular benefits" means benefits payable to an individual under this act or under any other State law (including benefits payable to Federal civilian employes and to ex-servicemen pursuant to 5 U.S.C., chapter 85) other than extended benefits.

(f)  "Extended benefits" means benefits (including benefits payable to Federal civilian employes and to ex-servicemen pursuant to 5 U.S.C., chapter 85) payable to an individual under the provisions of this section for weeks of unemployment in his eligibility period.

(g)  "Eligibility period" of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

(h)  "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period:

(1)  has received, prior to such week, all of the regular benefits that were available to him under this act or any other State law (including dependents' allowances and benefits payable to Federal civilian employes and ex-servicemen under 5 U.S.C., chapter 85) in his current benefit year that includes such week: Provided, That, for the purposes of this subclause, an individual shall be deemed to have received all of the regular benefits that were available to him although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or

(2)  his benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and

(3)  (A)  has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965 and such other Federal laws as are specified in regulations issued by the United States Secretary of Labor; and

(B)  has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.

(i)  "Shareable regular benefits" means regular benefits payable for compensable weeks in an individual's eligibility period which exceed twenty-six times the individual's weekly benefit rate (including allowances for dependents) in regular benefits paid during the individual's benefit year.

(j)  "State law" means the unemployment insurance law of any state, approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code of 1954.

(401-A amended Oct. 22, 1981, P.L.301, No.106)

 

Compiler's Note: Section 2 of Act 10 of 2012, which amended subsecs. (a), (b) and (c) and added subsec. (c.1), provided that the amendment or addition of subsecs. (a), (b), (c) and (c.1) shall apply retroactively to December 31, 2011.



Compiler's Note: Section 10 Act 6 of 2011, which amended subsecs. (b) and (c), provided that the amendment of subsecs. (b) and (c) shall apply retroactively to December 18, 2010.

Compiler's Note: See section 6 Act 106 of 1981 in the appendix to this act for special provisions relating to applicability.

Section 402-A.  Effect of State Law Provisions Relating to Regular Benefits on Claims for, and the Payment of, Extended Benefits.--Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Secretary of Labor and Industry, the provisions of this act which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits except that payment of extended benefits shall not be made to any individual for any week if:

(1)  Extended benefits would, but for this section, have been payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan.

(2)  An extended benefit period is not in effect for such week in such state.

(3)  The denial of extended benefits shall not apply with respect to the first two weeks (whether full or partial payment) for which extended benefits is payable (determined without regard to this section) pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended compensation account established for the benefit year.

(402-A amended Oct. 22, 1981, P.L.301, No.106)

 

Compiler's Note:  See section 6 Act 106 of 1981 in the appendix to this act for special provisions relating to applicability.

Section 403-A.  Eligibility Requirements for Extended Benefits and Shareable Regular Benefits.--(a)  An individual shall be eligible to receive shareable regular benefits or extended benefits with respect to any week of unemployment in his eligibility period only if the Secretary of Labor and Industry finds that with respect to such week:

(1)  he is an "exhaustee" as defined in section 401-A(j);

(2)  he has satisfied the requirements of this act for the receipt of regular benefits that are applicable to individuals claiming shareable regular benefits and extended benefits, including not being subject to a disqualification for the receipt of benefits.

(b)  Notwithstanding any other provisions of section 402-A an individual shall be ineligible for the payment of shareable regular benefits or extended benefits for any week of unemployment in his eligibility period if during such period:

(1)  he failed to accept any offer of suitable work (as defined under subsection (d)) or failed to apply for any suitable work to which he was referred by the employment office; or

(2)  he failed to actively engage in seeking work as prescribed under subsection (f).

(c)  Any individual who has been found ineligible for the payment of shareable regular benefits or extended benefits by reason of the provisions in subsection (b) shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred and until he has been employed (without regard to employment as defined by this act) in each of four (4) subsequent weeks (whether or not consecutive) and has earned remuneration equal to not less than four (4) times his extended weekly benefit amount.

(d)  (1)  For the purposes of this section, the term "suitable work" means, with respect to any individual, the requirements contained in clauses (i) and (ii) below:

(i)  Any work which is within such individual's capabilities: Provided, however, That the gross average weekly remuneration payable for the work must exceed the sum of the following:

(A)  The individual's extended weekly benefit amount as determined under section 404-A (relating to the extended benefit program).

(B)  The amount, if any, of supplemental unemployment benefits (as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954, payable to such individual for such week.

(ii)  Pays wages not less than the higher of:

(A)  the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or

(B)  the applicable State or local minimum wage.

(2)  No individual shall however be denied shareable regular benefits or extended benefits for failure to accept an offer of or apply for any job which meets the definition of suitability as described above if:

(i)  the position was not offered to such individual in writing or was not listed with the employment service;

(ii)  such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 4(t) to the extent that the criteria of suitability in that section are not inconsistent with the provisions of this subsection; or

(iii)  the individual furnishes satisfactory evidence to the department that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in section 4(t) without regard to the definition specified by this subsection.

(e)  Notwithstanding, the provisions of section 403-A to the contrary, no work shall be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by section 3304(a)(5) of the Internal Revenue Code of 1954 and set forth herein under section 4(t).

(f)  For the purposes of subsection (b)(2), an individual shall be treated as actively engaged in seeking work during any week if he meets both of the following:

(1)  The individual has engaged in a systematic and sustained effort to obtain work during such week.

(2)  The individual furnishes tangible evidence that he has engaged in such an effort during such week.

(g)  The employment office shall refer any claimant entitled to shareable regular benefits or extended benefits under this act to any suitable work which meets the criteria prescribed in subsection (d).

(h)  An individual shall not be eligible to receive shareable regular benefits or extended benefits with respect to any week of unemployment in his eligibility period if such individual has been disqualified for regular benefits, shareable regular benefits, or extended benefits under this act because he or she voluntarily left work, was discharged for willful misconduct or failed to accept an offer of or apply for suitable work unless the disqualification imposed for such reasons has been terminated by the individual performing services in an employer-employe relationship (whether or not services were in employment as defined by this act) for remuneration subsequent to the date of such disqualification.

(i)  Notwithstanding subsection (a)(2) an individual shall not be eligible for extended benefits unless, in the base year with respect to which the individual exhausted all rights to regular benefits under the State law, the individual had wages equal to at least one and one-half (1 1/2) times the individual's highest quarterly wage.

(403-A amended Oct. 22, 1981, P.L.301, No.106)

 

Compiler's Note: See section 6 Act 106 of 1981 in the appendix to this act for special provisions relating to applicability.



Compiler's Note: The reference in subsection (a)(1) to section 401-A(j) should have been a reference to section 401-A(h).

Section 404-A.  Weekly Extended Benefit Amount.--The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount (plus dependents' allowances) payable to him during his applicable benefit year.

(404-A amended Dec. 5, 1974, P.L.771, No.262)

Section 405-A.  Total Extended Benefit Amount.--(a)  Except as provided in subsection (a.1), the total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be the least of the amounts determined under clauses (1), (2) or (3) and then such amount shall be reduced by subsection (b):

(1)  fifty per centum of the total amount of regular benefits (plus dependents' allowances) which were payable to him under this act in his applicable benefit year;

(2)  thirteen times his weekly benefit amount which was payable to him under this act for a week of total unemployment in the applicable benefit year; or

(3)  thirty-nine times his weekly benefit amount (plus dependents' allowances) which was payable to him under this act for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid (or deemed paid) to him under this act with respect to the benefit year.

(a.1)  (1)  Effective with respect to weeks in a high unemployment period, subsection (a) shall be applied by substituting:

(i)  "eighty per centum" for "fifty per centum" in subsection (a)(1);

(ii)  "twenty" for "thirteen" in subsection (a)(2); and

(iii)  "forty-six" for "thirty-nine" in subsection (a)(3).

(2)  For purposes of paragraph (1), the term "high unemployment period" means any period during which an extended benefit period would be in effect if section 401-A(c)(1)(i) were applied by substituting "eight per centum" for "six and one-half per centum."

(b)  Notwithstanding any other provisions of this article, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received trade readjustment allowances within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.

(405-A amended Aug. 4, 2009, P.L.114, No.30)

Section 406-A.  Beginning and Termination of Extended Benefit Period.--(a)  Whenever an extended benefit period is to become effective in this State (or in all states) as a result of a State or a national "on" indicator, or an extended benefit period is to be terminated in this State as a result of a State "off" indicator or State and national "off" indicators, the Secretary of Labor and Industry shall make an appropriate public announcement.

(b)  Computations required by the provisions of section 401-A (f) shall be made by the Secretary of Labor and Industry, in accordance with regulations prescribed by the United States Secretary of Labor.

(406-A added Feb. 9, 1971, P.L.1, No.1)

Section 407-A.  Benefit Charges.--(a)  Notwithstanding any other provisions of this act, extended benefits paid under the provisions of this article shall be charged to the extent that such benefits are attributable to service in the employ of the claimant's base year employer, (i) to the reserve account balance of a "contributory" employer, and (ii) to the account of a "reimbursable" employer who is liable for payments in lieu of contributions as defined in section 4(g), in the following per centums:

(1)  fifty per centum which is attributable to service in the employ of employers subject to Articles III and XI; and

(2)  one hundred per centum which is attributable to service in the employ of employers subject to Articles X and XII.

(b)  No employers' experience rating account, and no employer liable for payments in lieu of contributions, shall be charged with respect to extended benefit payments which are wholly reimbursed, or to the extent partially reimbursed, to the State by the Federal Government.

(c)  No benefits paid under this article shall be charged to the employers' reserve account, provided such employer has been relieved of liability from such benefits under the provisions of section 302(a).

(407-A amended July 10, 1980, P.L.521, No.108)

Section 408-A.  Incorporation of Federal Law.--If the Federal-State Extended Unemployment Compensation Act of 1970 is amended so as to authorize the Commonwealth to pay benefits for a period of extended duration beyond that currently provided by this article, the amended provisions of such Federal law shall become a part of this article to the extent necessary to authorize the payment of benefits for such extended duration.

(408-A added Mar. 26, 1974, P.L.219, No.47)

 

ARTICLE V



DETERMINATION OF COMPENSATION;

APPEALS; REVIEWS; PROCEDURE

 

Section 501.  Determination of Compensation Appeals.--(a)  The department shall promptly examine each application for benefits and on the basis of the facts found by it shall determine whether or not the application is valid. Notice shall be given by the department in writing to the claimant and each base-year employer of the claimant, stating whether or not the claimant is eligible under section four hundred and one (a), and, if declared eligible thereunder, the weekly benefit rate and the maximum amount of compensation payable: Provided, That where the reserve account of a base-year employer has been transferred to a successor-in-interest, such notice shall be given to the successor-in-interest and not to the original base-year employer, and: Provided further, That no notice need be given to a base-year employer who has been released by the department from filing contribution reports. ((a) amended May 26, 1949, P.L.1854, No.551)



(b)  Notice shall be given in writing to the last employer of the claimant stating that an application has been filed by the designated employe.

(c)  (1)  The department shall promptly examine each claim for waiting week credit and each claim for compensation and on the basis of the facts found by it shall determine whether or not the claim is valid.

(2)  Notice of such determination need not be given to the claimant if the claim is determined valid, but if the claim is determined invalid, notice shall be given by the department in writing to the claimant stating that the claim is invalid and the reason therefor.

(3)  Notice of such determination need not be given to any base-year employer or last employer of the claimant unless such base-year employer or last employer has filed with the department information in writing which might raise a question as to the eligibility of the claimant for any reason other than his failure to comply with the provisions of section four hundred one (a), in which event notice shall be given as provided herein.

(4)  If an employer files with the department such information within fifteen days after notice required under section five hundred one (a) or (b) was delivered to him personally, or was mailed to his last known post office address, the department shall issue to such employer (i) a notice in writing of its determination with respect to each claim which is filed by the claimant for a week, the first day of which is on or before the date on which such information is filed, and (ii) a notice in writing of its determination with respect to the first valid claim which is filed by the claimant during the claimant's benefit year for a week, the last day of which is subsequent to the date on which such information is filed.

(5)  If an employer files with the department such information more than fifteen days after notice required under section five hundred one (a) or (b) was delivered to him personally, or was mailed to his last known post office address, the department shall only issue to such employer (i) a notice in writing of its determination with respect to each claim which is filed by the claimant for a week, the first day of which is within the thirty-day period which immediately precedes the date on which such information is filed, and (ii) a notice in writing of its determination with respect to the first valid claim which is filed by the claimant during the claimant's benefit year for a week, the last day of which is subsequent to the date on which such information is filed.

((c) amended July 10, 1980, P.L.521, No.108)

(d)  The department shall notify any employer or claimant who has been notified as required under subsections (a) and (c) of this section of any revision made in the determination as contained in the original notice given to such employer or claimant.

(e)  Unless the claimant or last employer or base-year employer of the claimant files an appeal with the board, from the determination contained in any notice required to be furnished by the department under section five hundred and one (a), (c) and (d), within fifteen calendar days after such notice was delivered to him personally, or was mailed to his last known post office address, and applies for a hearing, such determination of the department, with respect to the particular facts set forth in such notice, shall be final and compensation shall be paid or denied in accordance therewith. ((e) amended Apr. 14, 1976, P.L.113, No.50)

(501 amended May 29, 1945, P.L.1145, No.408)

Section 502.  Decision of Referee; Further Appeals and Reviews.--Where an appeal from the determination or revised determination, as the case may be, of the department is taken, a referee shall, after affording the parties and the department reasonable opportunity for a fair hearing, affirm, modify, or reverse such findings of fact and the determination or revised determination, as the case may be, of the department as to him shall appear just and proper. The parties and their attorneys or other representatives of record and the department shall be duly notified of the time and place of a referee's hearing and of the referee's decision, and the reasons therefor, which shall be deemed the final decision of the board, unless an appeal is filed therefrom, within fifteen days after the date of such decision the board acts on its own motion, to review the decision of the referee. A memorandum of testimony of any hearing before any referee shall be made and be preserved for a period of ninety days following expiration of the period for filing an appeal from the final decision rendered in the case.

(502 amended Dec. 9, 2002, P.L.1336, No.158)

Section 503.  Disqualifications to Participate in Hearings.--(a)  No referee, member of the board, or employe of the department shall participate in the hearing of any case in which he himself is an interested party. The board may designate an alternate to serve in the absence or disqualification of any referee.

(b)  Referees shall conduct their hearings de novo.

(503 amended Dec. 9, 2002, P.L.1336, No.158)

Section 504.  Powers of Board Over Claims.--The board shall have power, on its own motion, or on appeal, to remove, transfer, or review any claim pending before, or decided by, a referee, and in any such case and in cases where a further appeal is allowed by the board from the decision of a referee, may affirm, modify, or reverse the determination or revised determination, as the case may be, of the department or referee on the basis of the evidence previously submitted in the case, or direct the taking of additional evidence. 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. The parties and the department shall be duly notified of the board's final decision and the reasons therefor. A complete record shall be kept of each case heard before the board. All testimony at any hearing before the board, whether on appeal or otherwise, shall be taken by a reporter, or recording device, but need not be transcribed unless the disputed claim is further appealed.

(504 amended Dec. 5, 1974, P.L.771, No.262)

 

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