Legal Opinion · Dissent

Allen v. District of Columbia Department of Employment Services

District of Columbia Court of Appeals

Decided July 18, 1990No. 89-512Published

1DissentPryor, Senior Judge

The majority provides that when an appeals examiner determines the “last known address” of an employer, he or she may not merely accept the agency’s representation that it knew a certain address to be correct. Rather, even in cases such as this where there is no evidence to the contrary, the factfinder must inquire about the source of the agency’s professed knowledge. The examiner then must determine the reasonableness of the agency’s belief that it used (or in this case, did not use) the correct address.

While the procedure required by the majority is not itself objectionable, on the present…

2Cases cited1 opinion

  1. Elizabeth MacKenzie v. D.C. Unemployment Compensation BoardCourt of Appeals for the D.C. Circuit · 1968

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