In re the Claim of Abreu

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 28, 2013, which denied claimant’s application for reopening and reconsideration of a prior decision.

Claimant, a driver who delivered wholesale produce, was discharged by the employer after evidence suggested that he had stolen 40 boxes of tomatoes by delivering them to the wrong address. The employer challenged the initial determination of the Department of Labor that claimant was entitled to unemployment insurance benefits and, following a hearing at which claimant did not appear, the Administrative Law Judge…