DC 100.12 Reliable Evidence - hearsay

Click on the case numbers below to access Board decisions where a claimant's eligibility for benefits following a discharge is based upon the indicia of reliability of hearsay evidence.


BR-104579-A (April 16, 2008) Police report, a hearsay document, contained sufficient indicia of reliability to support employer's testimony of alleged theft.  Report identifies declarant and is based upon the author's personal observations and interviews.


BR-107722-A (Feb. 6, 2009) Affirmed payment of benefits to van driver found not to have mistreated disabled passengers. Weight to assign to hearsay evidence is a fact question, which may only be set aside on review when the fact-finder’s reliance (or non-reliance) on the evidence was unreasonable. In this case, review examiner's rejection of hearsay statements as unreliable was reasonable. While consistent with each other, they were not corroborated by any non-hearsay evidence, had not been given under oath, and the declarants had not been cross-examined regarding the contents of the statements.


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