Wednesday, January 24, 2018

UC - self-employment - Uber driver

Lowman v. UCBR – Cmwlth. Court –  en banc – January 24, 2018

Donald Lowman petitions for review of an adjudication of the Unemployment Compensation Board of Review (Board) that affirmed the Referee’s decision that Claimant was ineligible for benefits under Section 402(h) of the Unemployment Compensation Law.  The Board concluded that Claimant’s work as an Uber driver constituted self-employment that rendered, 43 P.S. §802(h).  In relevant part, Section 402(h) provides that “an employe shall be ineligible for compensation for any week in which he is engaged in self-employment….” 43 P.S. §802(h).

Because the Department of Labor and Industry did not demonstrate that Claimant intended to enter into an independent business venture by becoming an Uber driver, we conclude that he remains eligible for benefits as a matter of law.   Accordingly, we reverse the Board’s April 22, 2016, order and remand for further proceedings.