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DIEHL v. UCBR (ESAB GROUP, INC.)

No. 51 MAP 2011

57 A.3d 1209 (2012)

Harold G. DIEHL, Jr., Appellant v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW (ESAB GROUP, INC.), Appellee.

Supreme Court of Pennsylvania.

Decided December 28, 2012.

Attorney(s) appearing for the Case

Cassie R. Ehrenberg , Regina C. Hertzig , Cleary & Josem, L.L.P., Philadelphia, for Harold G. Diehl, Jr.

Irwin William Aronson , Willig, Williams & Davidson, Harrisburg, for Appellant Amicus Curiae, PA AFL-CIO.

Gerard Matthew Mackarevich , Commonwealth of Pennsylvania, Governor's Office of General Counsel, Harrisburg, for Unemployment Compensation Board of Review.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice BAER.

We granted review to consider whether the "voluntary layoff option" proviso ("VLO Proviso") contained in Section 402(b) of the Unemployment Compensation Law ("UC Law"), 43 P.S. § 802(b),1 permits employees to receive unemployment compensation benefits when they accept an early retirement plan offered pursuant to an employer-initiated workforce reduction. Upon application of our rules of statutory...

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