Wednesday, January 24, 2024

UC - self-employment

Hope v. UCBR – Cmwlth Court – 1-16-24 – reported, precedential

https://www.pacourts.us/assets/opinions/Commonwealth/out/1208CD22_1-16-24.pdf?cb=1

 

 

Held: UCBR decision that claimant was self-employed and liable for non-fault overpayment upheld, because

  • Claimant controlled and directed his services as a tax consultant
  • He chose the companies with whom he contracted
  • He negotiated his pay rates
  • He performed services on his own computer
  • He most commonly received 1099 tax forms.

The decision has extended discussions of Starinieri v. UCBR, 289 A.2d 726 (Pa. 1972), and Lowman v. UCBRw, 235 A.3d 278 (Pa. 2020).