LOWMAN v. UNEMPLOYMENT COMPENSATION BD.

No. 41 EAP 2018.

235 A.3d 278 (2020)

Donald LOWMAN, Appellee v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Appellant.

Supreme Court of Pennsylvania.

Decided: July 24, 2020.


Attorney(s) appearing for the Case

Lawrence R. Chaban, Esq. , AlpernSchubert PC, for Amicus Curiae.

James Patrick Davy, Esq. , Pennsylvania Institutional Law Project, for Amicus Curiae.

Sharon M. Dietrich, Esq. , Community Legal Services of Philadelphia, Philadelphia, for Amicus Curiae.

Christine Teresa Elzer, Esq. , Elzer Law Firm, LLC, for Amicus Curiae.

John Edward Stember, Esq. , Stember Cohn & Davidson-Welling, LLC, for Amicus Curiae.

Marsha Anne Sajer, Esq. , Commonwealth of Pennsylvania Department of Labor and Industry, for Appellant, and Appellant Amicus Curiae.

Denise Joy Smyler, Esq. , PA Unemployment Compensation Board of Review, for Appellant and Appellant Amicus Curiae.

Janet Marie Tarczy, Esq. , PA Unemployment Compensation Board of Review, for Appellant.

Shawn Charles Westhafer, Esq. , Pennsylvania Unemployment Compensation Board of Review, for Appellant.

Christopher George Giovanis, Esq. , PA Department of Labor & Industry, for Appellant Amicus Curiae.

Nicholas Marsilio II, Esq. , Pennsylvania Department of Labor & Industry, 651 Boas Street, for Appellant Amicus Curiae.

Paul Calvin Lantis, Esq. , Littler Mendelson, P.C., Philadelphia, for Appellee.

Julia Sarah Simon-Mishel, Esq. , Philadelphia Legal Assistance, for Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.


OPINION

In this case of first impression, the Court is asked to decide the appropriate test to determine whether a claimant who is otherwise entitled to receive unemployment compensation benefits due to a separation from employment becomes ineligible for those benefits as a result of being self-employed...

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