Board of Review Decision 352-N3MN-3M8L

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Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
Phone: [phone]
Fax: [phone]

Issue ID: 352-N3MN-3M8L

Board of Review Decision

Introduction and Procedural History of this Appeal

The claimant appeals a decision by a review examiner of the Department of Unemployment Assistance (DUA) to deny the claimant benefits. We review, pursuant to our authority under G.L. c. 151A, § 41, and affirm.

On September 12, 2025, the agency determined that the claimant was entitled to unemployment benefits pursuant to G.L. c. 151A, § 25(e)(2). The employer appealed, and both parties attended the hearing. In a decision rendered on March 23, 2026, the review examiner overturned the agency determination, concluding that the claimant engaged in deliberate misconduct in wilful disregard of the employer’s interest and, thus, was disqualified under G.L. c. 151A, § 25(e)(2). The Board accepted the claimant’s application for review. 

Ruling of the Board

After considering the recorded testimony and evidence from the hearing, the review examiner’s decision, and the claimant’s appeal, we conclude that the review examiner’s decision is based on substantial evidence and is free from any error of law affecting substantive rights.

The review examiner’s decision is affirmed. The claimant is denied benefits for the week beginning July 27, 2025, and for subsequent weeks, until such time as he has had at least eight weeks of work and has earned an amount equivalent to or in excess of eight times his weekly benefit amount.

N.B. Because the claimant’s hearing testimony and appeal to the Board suggests that he would experience financial hardship due to the overpayment that resulted from the hearing decision, the claimant may wish to contact the DUA and apply for an overpayment waiver. 

Boston, Massachusetts                                              Date of Decision – July 8, 2026

Martha M. Wishart, Esq.
Chair

Michael J. Albano
Member

Any further appeal would further appeal further appeal would be to a Massachusetts State District Court
(See Section 42, Chapter 151A, General Laws, Enclosed)

The last day to appeal this decision to a Massachusetts District Court is thirty days from the mail date on the first page of this decision. If that thirtieth day falls on a Saturday, Sunday, or legal holiday, the last day to appeal this decision is the business day next following the thirtieth day.

Visit this page to locate the nearest Massachusetts District Court.

Please be advised that fees for services rendered by an attorney or agent to a claimant in connection with an appeal to the Board of Review are not payable unless submitted to the Board of Review for approval, under G.L. c. 151A, § 37.

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