Legal Opinion · Dissent

Powell v. Unemployment Compensation Board of Review

Supreme Court of Pennsylvania

Decided March 28, 2017No. Powell, G. v. UCBR, Aplt - No. 38 MAP 2016Published

1DissentJustice Todd

At issue in this appeal is principally a question of statutory construction: in allowing representation in unemployment compensation hearings to be performed by “an attorney or other representative,” 43 P.S. § 774, did the legislature intend to exclude suspended attorneys? The majority never fully addresses this question; rather, in my view, it conflates this Court’s undisputed authority over attorneys with a putative obligation of the Unemployment Compensation Board of Review (the “Board”) to enforce our disciplinary pronouncements. In so doing, the majority allows the Board to overlook its…

2Cases cited8 opinions

  1. Slater v. Rimar, Inc.Supreme Court of Pennsylvania · 1975
  2. Harkness v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 2007
  3. Aetna Casualty & Surety Co. v. Commonwealth, Insurance DepartmentSupreme Court of Pennsylvania · 1994
  4. Aetna Casualty & Surety Co. v. CommonwealthSupreme Court of Pennsylvania · 1994
  5. Hayes v. ScrantonSupreme Court of Pennsylvania · 1946

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