Sharp Equipment Co. v. Unemployment Compensation Board of Review

OPINION BY

Judge LEAVITT.

Sharp Equipment Company (Employer) petitions for review of an order of the Unemployment Compensation Board of Review (Board) affirming a decision of the Referee that Martha J. Lykens (Claimant) was an employee, rather than an independent contractor, and entitled to unemployment benefits.1 The Board refused to consider the second basis of Employer’s appeal, ie., that Claimant voluntarily left employment. For the reasons set forth below, we vacate and remand for further proceedings on the second issue.

On June 26, 2001, Claimant made a claim for unemployment benefits with…