Legal Question in Employment Law in California
Procedure on Appeal to CAUIB
This case involves Unemployment Insurance. I would greatly appreciate legal information on legal proce-
dure to be followed in this appealed case. The facts are as follows:
The EDD Administrative Judge ruled in favor of Mr.John Smith entitling him to unemployment insu-
rance. During the hearing, Mr. Smith failed to submit
his Medical Certificate, although he had it with him,
claiming that the Judge did not ask for it. His for-
mer employer appealed the decision of the Administra-
tive Judge, claiming that he failed to prove that he
was sick. Mr. Smith would now want to submit his Medi-
cal Certificate to prove that he was sick. In his original answer, Mr. Smith stated in writing that heyhad a Medical Certificate. The question is, is the Medical Certificate now considered as new/additional
evidence even if he already stated that he had a medical certificate in his first written answer? Must
he now have to file a written request to CAUIB to sub-
mit his Medical Certificate as new/additional infor-
mation? Moreover, if this is the case, must he file the request first or could he file the request together with his Arguments in answer to the Appelants
allegations?
1 Answer from Attorneys
Re: Procedure on Appeal to CAUIB
Mr. Smith need not do anything. He already won based on the evidence presented at the hearing. The appeals board will only look at a transcript of the hearing to decide if the judge was in error based on the law or the facts before him/her at that time. The employer must explain why the judge was wrong. The "Reason for Decision" should explain how the judge based the decision and identify the issues on appeal.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
