Risse v. Unemployment Compensation Board of Review

CONCURRING OPINION BY

Judge COHN JUBELIRER.

Although I agree with the majority’s conclusion that the Board erred in finding William R. Risse (Claimant) ineligible, I do so for a different reason, and I respectfully disagree with the rationale offered by the majority. I believe that the majority establishes a new standard for determining whether there has been a substantial change in sideline activity under Section 402(h) of the Unemployment Compensa*83tion Law,1 43 P.S. § 802(h). This section provides that a claimant will be ineligible for benefits for any week “[i]n which he is engaged in…