Fill and Sign the Ms Mesc Form

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF       COUNTY, MISSISSIPPI       PLAINTIFF VS. CIVIL ACTION NO.             DEFENDANTS PETITION FOR REVIEW COMES NOW Plaintiff       by and through its attorney and petitions the Circuit Court of the       Judicial District of       Countyf Mississippi to review the decision of the       in the matter of the claim of Defendant       f and in support thereof states the following: 1. Plaintif       ("       ") is a Mississippi business corporationf with its principal place of business in       f       Countyf Mississippi. 2. Pursuant to Miss. Code Ann. §71-5-531f Defendants       and       may be served by mailing two copies of this Petition to       Mississippi. 3. Defendant       fled an initial claim for benefts under the       efective             f       . The claim was assigned docket No.       by MESC. On             f       f the Claims Examiner disqualifed       for benefts on the grounds that       was discharged for misconduct connected with the work.       fled a Notice of Appeal from the determination on             f       . 4. A hearing before the Appeals Referee was held on             f       .       appeared and testifed at the hearing.       was not aware of the hearing on             f       until shortly before it was scheduled to commence due to the notice being misaddressed.       contacted the referee before the hearing time and requested a continuance because it was not feasible to gather witnesses and travel from       to       in time for the scheduled hearing. The Appeals Referee denied this request and conducted the hearing without allowing       an opportunity to appear and present evidence. 5. On             f       f the Appeals Referee issued a decision reversing the decision of the Claims Examiner and fnding that       f if otherwise eligiblef was entitled to benefts. 6. On             f       f       requested that the Appeals Referee grant a rehearing on the grounds that       failure to attend the hearing was excusable and for good cause and that not allowing       a reasonable opportunity appear at the hearing and present evidence violated the due process rights of       .       never received a ruling on its request for a rehearing. 7. On             f       f the       Board of Review issued a decision adopting the fndings of fact and the opinion of the Appeals Referee. 8.       seeks review of the decision of the       on the following grounds: (a) The Notice of Appeal before the Appeals Referee scheduled for             f       was misaddressed. As a resultf       was not provided reasonable and adequate notice of the hearing and did not have an opportunity to present evidence or cross-examine       in violation of its due process rights. (b) The failure or refusal of the       to conduct a rehearing of the matter so as to allow       a reasonable and adequate opportunity to present evidence and cross-examine       was an abuse of discretion in further violation of       due process rights. (c) The uncorroborated testimony of       does not constitute substantial evidence sufcient to support the administrative decision awarding       unemployment compensation benefts. WHEREFOREf PREMISES CONSIDEREDf Plaintif       respectfully requests this Court to review the decision of the       and upon review thereof reverse the decision of the       f or in the alternativef to remand this matter to the       for a hearing at which       is permitted to present evidence and cross-examine       . Respectfully submittedf this the       day of       f       . _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       CERTIFICATE OF SERVICE This is to certify that If       f attorney for the Plaintiff have forwarded this date two (2) true and correct copies of the above and foregoing Petition for Reviewf by U.S. Mailf postage fully prepaidf to       . This the       day of       f       . _____________________________________