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PROSPER, INC. v. DEPARTMENT OF WORKFORCE

No. 20060734-CA.

168 P.3d 344 (2007)

2007 UT App 281

PROSPER, INC., Petitioner, v. DEPARTMENT OF WORKFORCE SERVICES, Workforce Appeals Board; and Katrina E. Iversen, Respondents.

Court of Appeals of Utah.

August 23, 2007.

Attorney(s) appearing for the Case

Daniel J. Anderson, Provo, for Petitioner.

Suzan Pixton, Salt Lake City, for Respondent Department of Workforce Services.

Before Judges BILLINGS, McHUGH, and ORME.

OPINION

ORME, Judge:

¶ 1 Prosper, Inc. petitions for review of the Workforce Appeals Board's decision affirming the award of unemployment benefits to Katrina Iversen. Prosper argues that the Board erroneously applied the "residuum rule" in concluding that Prosper failed to sustain its burden of proof because Prosper relied exclusively on hearsay evidence. We agree with Prosper that the Board misapplied the residuum rule.

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