Derochier v. Employment Division

The issue in this unemployment compensation case is whether the Employment Appeals Board, without offering an explanation, can reject a referee’s finding of fact which is determinative of the award of unemployment benefits. We hold that the EAB erred in failing to base its finding on the record and in failing to explain why it disagreed with the referee or what weight it gave the referee’s determination of claimant’s credibility. We reverse and remand.

On the basis of testimony of the witnesses and his observations at the hearing, the referee found these facts:

“(1) Claimant has filed continued…