McCann v. Unemployment Compensation Board of Review

I respectfully dissent. The majority states that this Court’s en banc decision in Arbuckle v. Unemployment Compensation Board of Review, 84 Pa.Cmwlth. 145, 478 A.2d 545 (1984), should be distinguished and its reasoning not applied in this case because Ar-buckle involved a request for costs of litigation under Pa. R.A.P. 2741 rather than a request for attorney’s fees pursuant to Pa. R.A.P. 2744. Rule 2741 costs are awarded as a matter of course to the party that prevails in an appeal, and Rule 2744 requires proof that the participant against whom such fees are awarded engaged in conduct that…