Wages earned by a full-time
student who worked part time as a lecturer are not includable as UC wages under
43 P.S.
§753(l)(4)(10)(B), which says that employment shall not include: Service performed in the employ of a school,
college or university if such service is performed (i) by a student who is
enrolled and is regularly attending classes at such school, college or
university . . . .
In
Knee v. Unemployment Compensation Board of Review, 415 A.2d 1008 (Pa.
Cmwlth. 1980), Knee was registered as a full-time dissertation student, having
completed her formal classroom studies, and was preparing for her comprehensive
examinations. The UCBR excluded the wages she earned while she was preparing
for her comprehensive examinations and working as a teaching fellow because she
was enrolled as a full-time dissertation student at that time. Id. at
1009. This court affirmed, finding that Knee was a full-time dissertation
student and was not finished with her studies. Id.
Here,
the UCBR found that Claimant was employed as a part-time lecturer while he was
enrolled as a full-time student working on his dissertation, from August 23,
2010, through May 5, 2011. (UCBR’s Findings of Fact, Nos. 1-3.) Claimant was
registered as a full-time student while completing the dissertation portion of
the doctoral program at PSU. Therefore, according to Knee, Claimant was
not eligible for unemployment benefits. The UCBR did not err in excluding
Claimant’s earnings.
