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KURBATOV v. DEPT. OF LABOR AND INDUSTRY

No. 2200 C.D. 2010.

29 A.3d 66 (2011)

Peter B. KURBATOV, d/b/a PBK Construction, Petitioner v. DEPARTMENT OF LABOR AND INDUSTRY, OFFICE OF UNEMPLOYMENT COMPENSATION, TAX SERVICES, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 7, 2011.

Publication Ordered September 30, 2011.

Attorney(s) appearing for the Case

Amy H. Marshall , State College, for appellant.

Christopher G. Giovanis , Assistant Counsel, Harrisburg, for appellee.

BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and BUTLER, Judge.

OPINION BY Judge SIMPSON.

In this appeal, Peter B. Kurbatov, d/b/a PBK Construction (PBK), asks whether the Department of Labor and Industry (Department) erred in denying its petition for reassessment (petition) of unemployment compensation taxes. The central issue is whether PBK's workers are employees (for whose services unemployment compensation taxes are due) or independent contractors (for whose services taxes are not due). The Department concluded the workers...

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