Legal Opinion · Dissent

Glatfelter Barber Shop v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided September 24, 2008No. 1736 C.D. 2007Published

1Dissent

DISSENTING OPINION BY

Judge LEAVITT.

Respectfully, I dissent. I believe that the evidence supports the Referee’s conclusion that Joel Wamsley (Claimant) was employed as an independent contractor in accordance with the express terms of his written contract with Glatfelter Barber Shop. To hold otherwise, the Unemployment Compensation Board of Review (Board) capriciously disregarded the evidence and failed to apply the standards established by this Court and by the Supreme Court for determining whether an individual is an employee or independent contractor. Accordingly, I would reverse the Board…

2Cases cited9 opinions

  1. Danielle Viktor, Ltd. v. Department of Labor & IndustrySupreme Court of Pennsylvania · 2006
  2. Venango Newspapers v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1993
  3. Beacon Flag Car Co. v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2006
  4. Pavalonis v. Commonwealth, Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1981
  5. Attorneys on Call v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1993

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API