Monthly Archives: January 2012
What happens during an appeal to the Board of Review?
If you did not receive the outcome you had hoped for after your PA UC referee hearing, you have an additional appeal to the UC Board of Review. There are 15 days to file an appeal to the Board of Review after the UC referee has mailed their decision. The Referee’s Decision and Order will include instructions on filing an appeal to the Board of Review. An appeal can be filed simply by writing a letter providing your case information and the reason for your appeal.
It is often helpful to seek an attorney to file an appeal so they can clearly and correctly cite the applicable law that applies to the claim and establish a legal argument on why an employee should receive unemployment benefits based on PA UC Law.
No further hearings are conducted after the referee hearing. In fact, the referee hearing is generally the only opportunity …
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What is a good reason to appeal a denial of UC benefits?
If you have been denied PA UC benefits, you are probably wondering what you will need to prove to be awarded benefits. There are several reasons a person’s unemployment benefits may be denied. The two most common sections of the PA UC Law are 402(b) and 402(e). Below are a list of reasons, arguments, and defenses to raise if you have been denied UC benefits.
Willful Misconduct – Section 402(e)
402(e) deals with the issue of willful misconduct. The most common situation where willful misconduct is found is in the case of a violation of an employer’s work rule. The employer will seek to deny benefits by showing the existence of the rule, the reasonableness of the rule, awareness of the rule (typically by signing an acknowledgement of receiving an employee handbook or prior warnings), and a violation of that rule.
Common defenses to willful misconduct include lack of awareness …
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What is the UC Service Center?
In Pennsylvania, the UC Service Center is responsible for processing unemployment compensation claims. They are the agency that receives applications for unemployment benefits. The UC Service Center assigns cases to their representatives for investigation and determination. The investigation consists of the representative asking the employee the reason for their application and confirming the reason for the Claimant’s application with the employer.
The claims representative is then required to issue a decision on a Claimant’s eligibility based on the information they received from both the employer and the employee. If a party disagrees with the decision made by the UC Service Center, they have the right to appeal the decision within 15 days to request a UC referee hearing.
UC claims representatives often have to decide claims based on incomplete information or conflicting information. Unfortunately, the claims representative often resolves conflicts in favor of the employer. However, by exercising your right …
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How do temporary workers’ compensation benefits work?
I was injured on the job and received a Notice of Temporary Compensation Payable, what does this mean?
A Notice of Temporary Compensation Payable is a way for an employer’s insurance company to begin paying your wage-loss benefits without having to accept liability for the claim. The insurance company is essentially agreeing to pay wage-loss benefits on a temporary basis while they continue to investigate the claim and reserve the right to deny your claim if they believe that your injury was not work-related or for any other basis to deny a claim.
Temporary workers compensation benefits last for only 90 days. In order to stop your benefits, the employer must send a Notice of Denial within the 90 day period or a Notice of Stopping Temporary Compensation Payable within 5 days of the 90-day period elapsing. If neither notice if received within the required time period, workers’ compensation benefits …
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The Pennsylvania Unemployment Compensation Process
The purpose of this article is to outline how to apply for Pennsylvania unemployment benefits, how the Department of Labor decides an applicant’s eligibility, and what to do if a decision needs to be appealed.
Applying for Unemployment Benefits
You can apply for unemployment benefits by mail, phone, or online. The easiest way to apply for benefits is by Filing an Inital Claim on the Pennsylvania Department of Labor website. You’ll be asked a few questions about your work history and the reason your employment relationship ended. Be sure to answer each question truthfully. You do not want to indicate that you are applying for benefits due to a lack of work if you quit or were terminated for a rule violation.
Department of Labor Investigation
After receiving your initial application, you may be contacted by the UC Service Center for a phone interview or asked to complete a questionnaire …
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