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Sunday, February 23, 2014

WILLIAM E. NEWMAN, JR. VS. BOARD OF REVIEW, ET AL.

WILLIAM E. NEWMAN, JR. VS. BOARD OF REVIEW, ET
AL.
 A-2253-09T3

We reverse the Board's determination to disqualify
claimant from benefits for six weeks and remand for a new
hearing for two reasons. First, a hearing as to the
timeliness of the employer's appeal was held in claimant's
absence when he was serving in the United States Air Force,
contrary to the federal Servicemembers Civil Relief Act, 50
U.S.C.A. app. §§ 501 to 597. Second, the Board improperly
found the employer's appeal was timely filed based on the date the employer received the determination from its
representative, UC Express, rather than the date that UC
Express received it. 02/19/14