In re the Claim of McCarthy

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 8, 2005, which ruled that claimant’s request for a hearing was untimely.

After an initial determination found claimant to be eligible for unemployment insurance benefits, the employer requested a hearing. When the employer failed to appear at the hearing, the Administrative Law Judge issued a default decision sustaining the initial determination. The employer applied to reopen the default and a telephone conference hearing was conducted. Claimant did not answer her phone in order to participate in the hearing,…