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ALVIN E. PRESS v. COMMONWEALTH PENNSYLVANIA (01/24/89)

decided: January 24, 1989.

ALVIN E. PRESS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review, in the case of Alvin E. Press, No. B-264840.

COUNSEL

Alvin E. Press, for himself.

Gary L. Kelley, Assistant Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Judges Doyle and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 123 Pa. Commw. Page 79]

Petitioner, Alvin E. Press, seeks review of an order of the Unemployment Compensation Board of Review (Board), which denied his petition for reimbursement of

[ 123 Pa. Commw. Page 80]

    attorney's fees pursuant to the Act of December 13, 1982 (Costs Act), P.L. 1127, 71 P.S. §§ 2031-2035. We affirm.

Petitioner was employed as a production electrician by Transit America. His last day of work was January 30, 1987. He filed an application for Trade Act Benefits for adversely affected workers with the Office of Employment Security (OES). The OES issued a determination denying benefits to petitioner. The petitioner appealed to the referee, and the referee reversed the OES's decision and granted benefits to petitioner. The OES appealed from this decision. The petitioner filed a petition for reimbursement of attorney's fees with the referee. The Board issued a decision and order affirming the referee, and thus granting benefits to petitioner, but denying attorney's fees to petitioner pursuant to section 3 of the Costs Act, 71 P.S. § 2033. The petitioner now seeks review of the Board's order which denied reimbursement of attorney's fees to him.*fn1

In its decision, the Board determined that the Costs Act is inapplicable because the Costs Act addresses adversary adjudications initiated by a Commonwealth agency. The Board held that the OES did not initiate an adversary adjudication; instead it undertook fact finding and issued a determination only after the petitioner filed an application for benefits. Since the OES's determination

[ 123 Pa. Commw. Page 81]

    was issued after the petitioner filed an application and initiated the request, the Board ...


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