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.
