AP 200.22 Evidence – material

Click on the case numbers below to access eligibility decisions concerning whether evidence in the record is relevant and important to the outcome.

0002 1755 35

0002 1755 35 (Aug. 6, 2014) – A week after discharging the claimant property manager for poor job performance connected to unreconciled deficiencies in the accounts receivable, the employer uncovered an embezzlement scheme.  In disqualifying the claimant for deliberate misconduct, the Board accepted the employer’s “after acquired evidence,” because it was linked substantively to the reason for the claimant’s discharge.

BR-110773

BR-110773 (Jan. 27, 2010) – Even if the claimant's credibility was in doubt, the review examiner may not ignore competent medical evidence that claimant's medical condition rendered him unable to either perform, or make efforts to preserve, his job.  Majority held this to be an involuntary separation, rendering claimant eligible for benefits.

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