Can an employer add new documents of misconduct to an appeal after a determination?

I was admitted to the hospital in the evening. I had a friend call my employment and notify them of my absence and my intent to return to work. Over the weekend I was transferred to a psychiatric facility. Again my employment was notified and reassured of my intent on preserving my job, and my return pending discharge. My employers response was get well and call me. After discharge I repeatedly attempted to return to work, however, my employer's response changed to: I have no decision, we have reduced hours due to lack of work, we have a temp filling your position, call back again. After about 2-3 weeks of this kind of response, not allowed to return to work, and leaving me in limbo, I made my last call for an answer. My employer could not tell me himself, so he directed the receptionist to relay his usual response, but this time added that he did not know if there was a way back for me and if I sent out my resume he would give me a good reference. Based on the events and responses, I filed with the reason of layoff for lack of work. My employer contested claiming I quit. The determination came back as a discharge without evidence of a quit or misconduct. He is now appealing the decision 21 days after the deadline and has added new documents of misconduct he recently created. He maintains that I was neither fired nor laid off. The hearing is set for 12/23/09. What can I do?