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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Ada Higgins , Petitioner v. Unemployment Compensation Board of Review, Respondent : : : : : : : : :

No. 2742 C.D. 2010 Submitted: June 3, 2011

BEFORE:

HONORABLE DAN PELLEGRINI, Judge HONORABLE ROBERT SIMPSON, Judge HONORABLE JOHNNY J. BUTLER, Judge

OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE BUTLER FILED: July 27, 2011

Ada Higgins (Claimant) petitions this Court for review of the November 1, 2010 order of the Unemployment Compensation Board of Review (UCBR) affirming the decision of the Referee, and denying benefits. Claimant presents two issues for this Court's review: (1) whether she can be found ineligible for benefits when a representative on behalf of Hat's Heroes (Employer) failed to appear at a hearing before the Referee, and (2) whether the Referee failed to give Claimant a full opportunity to be heard at the hearing. UCBR's order. Claimant was employed by Employer as a manager for thirteen years ending June 9, 2010. Claimant complained that the owner was acting moody and it was becoming stressful working for him. On June 9, 2010, she told him she was quitting and not giving notice. On July 4, 2010, Claimant applied for Unemployment For reasons that follow, we affirm the

Compensation (UC) benefits. On November 1, 2010, the Lancaster UC Service Center denied benefits under Section 402(b) of the Unemployment Compensation Law (Law).1 Claimant appealed, and a hearing was held before a Referee. Employer did not appear at the hearing. On September 13, 2010, the Referee affirmed the decision of the UC Service Center. Claimant appealed to the UCBR. The UCBR affirmed the decision of the Referee. Claimant appealed, pro se, to this Court.2 Claimant argues that she could not be found ineligible for benefits when Employer's owner did not appear at the hearing. We disagree. As respecting the absence of a party during an administrative proceeding, the law is clear. "If a party notified of the date, hour and place of a hearing fails to attend a hearing without proper cause, the hearing may be held in his absence. In the absence of all parties, the decision may be based upon the pertinent available records." 34 Pa. Code

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