Bean v. State Board of Labor Appeals

I respectfully dissent. Remanding this case to the BOLA for review of a recording or transcript of a hearing that was deficient in the first instance and for reconsideration of the appeal referee’s findings in light of such a record will not, in my view, solve the problem.

All of the evidence in this case was introduced at a hearing conducted via a telephone conference call with the appeals referee situated in Helena, with Bean and her witnesses situated in her counsel’s office in Missoula and with the Employer and its witnesses situated in its business premises in Missoula. Moreover, the…