Diversified Care Management, LLC v. Unemployment Compensation Board of Review

DISSENTING OPINION BY

Judge LEAVITT.

I respectfully dissent. I believe that the present case is factually distinguishable from Allegheny Valley School v. Unemployment Compensation Board of Review, 548 Pa. 855, 697 A.2d 243 (1997), making the relevant inquiry not Employer’s justification for changing Claimant’s job duties but, rather, whether the terms of Claimant’s employment have substantially changed. I also believe that the Board, in its application of Allegheny Valley, improperly shifted the ultimate burden of proof to Employer.

It is a well-settled principle that an unemployment…