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.”
