Saturday, September 03, 2011

UC - indpt. contractor

SkyHawke Technologies v. UCBR - Cmwlth. Court - August 31, 2011

SkyHawke Technologies LLC, (SkyHawke) petitions for review of the Order of the Unemployment Compensation Board of Review (Board), which affirmed the Unemployment Compensation Refereeā€Ÿs (Referee) determination that Ross A. Gershel (Claimant) was not ineligible for unemployment compensation (UC) benefits under Sections 402(h) and 4(l)(2)(B) of the Unemployment Compensation Law (Law).

SkyHawke argues that the Board erred as a matter of law in finding Claimant eligible for UC benefits because Claimant was not an employee, but a self-employed, independent contractor and, therefore, ineligible for UC benefits.

For the following reasons, we reverse the Order of the Board.