Kaba v. Berrier

The Pennsylvania Commonwealth Court overruled preliminary objections while acting in its original jurisdiction in a matter involving the petitioner’s application for Pandemic Unemployment Assistance and/or to adjudicate the petitioner’s eligibility for regular unemployment compensation benefits under the Unemployment Compensation Law. The petitioner claimed that he left his job due to a heart condition and his employer was not following safety guidelines issued by the CDC related to the COVID-19 pandemic. The petitioner sought an order directing the Pennsylvania Department of Labor and Industry to review his case, permit him to file the appropriate claim, and pay any benefits that may be due. The Department objected, claiming that the petitioner was not entitled to mandamus relief, that the petitioner failed to exhaust administrative remedies, and that the petition lacked the requisite specificity. The Court rejected each argument and permitted the matter to continue.

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