Sharp Equipment Co. v. Unemployment Compensation Board of Review

CONCURRING AND DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully concur and dissent. I agree with the majority that the Unemployment Compensation Board of Review (Board) correctly determined that Martha J. Lykens (Claimant) was an employee of Sharp Equipment Company (Employer), not an independent contractor. However, I disagree that, after the Board made that determination, the Board erred in failing to consider whether Claimant had a necessitous and compelling reason for voluntarily leaving her employment with Employer.

The regulation at 34 Pa.Code § 101.87 (emphasis added) provides as…