Walthour v. Unemployment Comp. Bd. of Rev.
The Pennsylvania Commonwealth Court vacated the Unemployment Compensation Board of Review's order dismissing Claimant’s appeal of the denial of her request to backdate her application for benefits as untimely under Section 501(e) of the Unemployment Compensation Law. Claimant stated that she delayed filing her initial claim because she did not…
The Pennsylvania Commonwealth Court vacated the Unemployment Compensation Board of Review’s order dismissing Claimant’s appeal of the denial of her request to backdate her application for benefits as untimely under Section 501(e) of the Unemployment Compensation Law. Claimant stated that she delayed filing her initial claim because she did not know she could file for… Continue reading Walthour v. Unemployment Comp. Bd. of Rev.
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… Continue reading Kaba v. Berrier
The New Jersey Appellate Division ruled that the petitioner must return more than $5,000 because he was not eligible for the New Jersey unemployment benefits he received through the CARES Act. The record revealed that the petitioner voluntarily left his job for personal reasons. And he was not unemployed for reasons related to the pandemic… Continue reading Sullivan* v. Bd of Rev.
The Pennsylvania Commonwealth Court affirmed the Unemployment Compensation Board of Review’s order affirming a Referee’s decision that denied unemployment compensation benefits after the claimant was fired for failing a drug test. The claimant made a timely hearsay objection to the admittance into evidence of the lab report from his failed drug test. The referee overruled… Continue reading Hauck v. Unemployment Comp. Bd. of Rev.
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
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.
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.
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.
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 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