The employer was not required to appear at the May 11 hearing. Peregoy v. Delaware Hospice, 2011 WL 3812246, at *2 (Del. Super. Aug. 12, 2011) citing Rampulla v. Jimmy's Grille & Catering, 2009 WL 2852433, at *2 (Del. Super. June 5, 2009); Straley v. Advanced Staffing Inc., 2009 WL 1228572, at *3 (Del. Super. Apr. 30, 2009). 13. The transcript of Appellant's hearing with the Referee provides probative evidence that Appellant may have failed to appear to the May 11 hearing not because of any error on the part of the UIAB, but because he may not have been residing at the 334 Fairview Rd. address between the date when the notice of the May 11 hearing arrived and the date of the hearing.
The Court must presume, in the absence of credible evidence to the contrary, that Ms. Peregoy received proper and timely notice of the hearing. Rampulla v. Jimmy's Grille Catering, 2009 WL 2852433, at *2 (Del. Super. June 5, 2009); Filanowski v. Port Contractors, Inc., 2007 WL 64758, at *5 (Del. Super. Jan. 2, 2007).Rampulla, 2009 WL 2852433, at *2; Filanowski, 2007 WL 64758, at *5.