Bennett v. Commonwealth, Unemployment Compensation Board of Review

Dissenting Opinion by

President Judge Crumlish, Jr.:

I respectfully dissent. The majority reasons that ¡since the parties approved of the referee deciding the previously unresolved employment status issue,1 this consent automatically transfers to the Unemployment (Compensation Board of Review. However a separate regulation, pertaining solely to the Board, authorizes it to decide issues left undetermined below only with the parties’ approval or with proper notice of hearing.2 This distinct provision for the Board’s resolution of questions not previously considered clearly required a second,…