Saturday, September 03, 2011

UC - vol. quit - pension reduction speculative

PHA v. UCBR - Cmwlth Court - August 31, 2011

The Philadelphia Housing Authority (Employer) petitions for review of an order of the Unemployment Compensation Board of Review (Board) finding James T. DiGiacomo (Claimant) eligible for unemployment compensation (UC) benefits pursuant to Section 402(b) of the Unemployment Compensation Law1 (Law).

The Board granted UC benefits on the basis that a substantial reduction would have occurred to Claimant’s pension benefits had he not voluntarily resigned.

Because we conclude that the projections about Claimant’s future pension benefits were speculative, we reverse.

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 Referee‟s (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.