Board of Review Decision 352-NFFR-8PM5

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

Issue ID: 352-NFFR-8PM5

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 following his separation from employment on July 24, 2025. We review, pursuant to our authority under G.L. c. 151A, § 41, and affirm.

On December 23, 2025, the agency initially determined that the claimant was not entitled to unemployment benefits. The claimant appealed, and both parties attended the hearing. In a decision rendered on March 9, 2026, the review examiner affirmed 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 initially accepted the claimant’s application for review. 

Because we could not locate a copy of documents in the DUA computer database, which had been submitted by the claimant and duly entered into evidence by the review examiner as Hearings Exhibit # 14, we remanded the case for a de novo hearing to a new review examiner, noting that we would reconsider our order if the missing exhibit was located before a de novo hearing could be convened. The missing exhibit has been found, and we hereby rescind our remand order of May 7, 2026.

Ruling of the Board

After considering the recorded testimony and evidence from the hearing, the review examiner’s decision, the claimant’s appeal, and the claimant’s documents that had been entered into evidence as Hearings Exhibit # 14, 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 ending August 16, 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. 

Boston, Massachusetts   Date of Decision – May 18, 2026

Charlene A. Stawicki, Esq.
Member

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.

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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.

JPCA/rh