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Weekly Caselaw Updates

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Carbon Lehigh Intermediate Unit #21 v. Kimberly Waardal

The Pennsylvania Commonwealth Court affirmed the Workers’ Compensation Appeal Board, which denied Employer a credit against its payment of workers’ compensation benefits for Federal Pandemic Unemployment Compensation benefits Claimant received under Section 2104(b)(1) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The sole issue was whether Pandemic Compensation…

Carbon Lehigh Intermediate Unit #21 v. Kimberly Waardal
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court affirmed the Workers’ Compensation Appeal Board, which denied Employer a credit against its payment of workers’ compensation benefits for Federal Pandemic Unemployment Compensation benefits Claimant received under Section 2104(b)(1) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The sole issue was whether Pandemic Compensation under the CARES Act constituted… Continue reading Carbon Lehigh Intermediate Unit #21 v. Kimberly Waardal

Kolenich v. Unemployment Comp. Bd. of Rev.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed an order of the Unemployment Compensation Board of Review that denied the claimant’s request for unemployment compensation. After two of his three part-time university employers terminated his employment, the claimant sought unemployment. In calculating the unemployment compensation he was entitled to, the claimant argued that only his wages from the… Continue reading Kolenich v. Unemployment Comp. Bd. of Rev.

Quigley v. Unemployment Comp. Bd. of Rev.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court held that the Unemployment Compensation Board of Review erred when it concluded sua sponte that the claimant was ineligible for unemployment benefits. Before the referee, the issue was whether the claimant’s income from her side hustle was deductible from unemployment compensation after being laid off from her primary job. The Board reversed… Continue reading Quigley v. Unemployment Comp. Bd. of Rev.

Hohl v. Unemployment Comp. Rev. Bd.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reviewed a denial of unemployment benefits. Claimant applied for benefits, stating that he quit his job because a coworker verbally threatened him, and Employer did not resolve the issue. After a hearing, the Referee denied benefits. The Referee concluded that Claimant failed to prove that he had a necessitous and compelling… Continue reading Hohl v. Unemployment Comp. Rev. Bd.

Smith v. Unemployment Comp. Bd. of Rev.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reviewed an Unemployment Compensation Board of Review order that denied the claimant unemployment compensation under Section 402(b) of the Unemployment Compensation Law. That provision generally prohibits payment to individuals who leave work without cause of a necessitous and compelling nature. The claimant was a school janitor and had an altercation with… Continue reading Smith v. Unemployment Comp. Bd. of Rev.

Barsky v. Unemployment Comp. Bd. of Rev
Pennsylvania Commonwealth Court

Barsky sells diamonds on Jeweler’s Row in Philadelphia and won an appeal in the Pennsylvania Commonwealth Court, too. Barsky Diamonds (“Employer”) employed Barsky (“Claimant”) until March 2020, when Governor Wolf mandated the closure of non-essential businesses because of the pandemic, which temporarily shuttered Employer. Claimant applied for and was granted unemployment compensation benefits. However, one… Continue reading Barsky v. Unemployment Comp. Bd. of Rev

Jack Lehr Elec. v. Unemployment Comp. Bd. of Rev.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court addressed the interplay between an employer’s prohibition on drug use and an employee’s use of marijuana pursuant to a valid prescription. Here, the claimant alerted his employer about the medical marijuana before the drug test, and no evidence suggested that the claimant ingested marijuana immediately before or during his shifts. The… Continue reading Jack Lehr Elec. v. Unemployment Comp. Bd. of Rev.

Massie v. Unemployment Comp. Bd. of Rev.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed an Unemployment Compensation Board of Review order that had affirmed a referee’s determination. The referee found that the claimant failed to prove that he had necessitous and compelling cause to quit his job. Initially, the Commonwealth Court dealt with a COVID-related fiasco: the employer failed to appear at the initial… Continue reading Massie v. Unemployment Comp. Bd. of Rev.

Sincavage v. Unemployment Comp. Bd. of Rev.
Pennsylvania Commonwealth Court

In Sincavage v. Unemployment Comp. Bd. of Rev., Claimant petitioned for review from an order that affirmed the decision determining that she was ineligible for unemployment compensation benefits under Section 402(b) of the Unemployment Compensation Law (Law) for the compensable week ending May 2, 2020, and that she had a non-fault overpayment of $558 under… Continue reading Sincavage v. Unemployment Comp. Bd. of Rev.

Prunty v. Unemployment Comp. Bd. of Rev.
Pennsylvania Commonwealth Court

In Prunty v. Unemployment Comp. Bd. of Rev., Claimant petitioned the Pennsylvania Commonwealth Court for review of the Unemployment Compensation (UC) Board of Review’s (UCBR) order finding Claimant ineligible for UC benefits under Section 402.1 of the Unemployment Compensation Law. The issue was whether the Community College of Philadelphia’s (Employer) summer term constituted a “regular… Continue reading Prunty v. Unemployment Comp. Bd. of Rev.