Tuesday, March 13, 2018

UC - sideline business - net income

Lerch v. UCBR – Cmwlth. Court – March 12, 2018

Held:  The UCBR improperly calculated claimant’s income from a sideline business by failing to deduct all of her reasonable business expenses, instead of the very limited ones authorized by 34 Pa. Code sec. 65.121, which had previously been held to be improper by two court decisions.  The case was remanded with directions to the Board to recalculate claimant’s UC benefits, consistent with the court holdings as to what is “net income.”

- The term “’net earnings’ must have its plain everyday meaning...[which is] what remains after deducting expenses.”
- “The Board is not free to continue following a regulation that an appellate court has deemed unauthorized.”