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Pennsylvania Turnpike Commission v. Unemployment Compensation Board of Review

February 19, 2010

PENNSYLVANIA TURNPIKE COMMISSION, PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Per curiam.

ORDER

AND NOW, this 19th day of February, 2010, it is ordered that the above-captioned opinion filed on December 3, 2009, shall be designated OPINION, rather than MEMORANDUM OPINION, and it shall be reported.

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE JAMES R. KELLEY, Senior Judge.

OPINION

JUDGE SIMPSON

FILED: December 3, 2009

The Pennsylvania Turnpike Commission (Employer) petitions for review of an order of the Unemployment Compensation Board of Review (Board) vacating a determination of the Lancaster Service Center that Deborah L. Davis (Claimant) was financially ineligible for unemployment compensation benefits.

By notice dated December 2, 2008, the Service Center determined Claimant financially eligible for benefits. The Service Center subsequently issued a January 20, 2009 determination that Claimant was ineligible for benefits. On Claimant's appeal, the Board found the Service Center lacked jurisdiction to issue the January 20, 2009 determination where neither party appealed the earlier determination. Accordingly, the Board vacated the Service Center's second determination and reinstated Claimant's unemployment compensation benefits.

On appeal, Employer asserts its filings put the Service Center on notice it challenged Claimant's financial eligibility for benefits under Section 1002(11) of the Unemployment Compensation Law (Law) (relating to policymaking services excluded from employment).*fn1 Employer also maintains the Service Center's notice of financial eligibility and subsequent documentation contain conflicting language regarding Claimant's eligibility for benefits, thus causing confusion as to the appropriate action Employer should have taken in response to the Service Center's first notice of eligibility. Discerning no merit in Employer's assertions, we affirm.

Claimant worked for Employer as its Chief of Staff for Operations and Administration. Effective November 20, 2008, Employer eliminated Claimant's position. She filed for unemployment compensation benefits.

In a December 2, 2008 notice of financial determination, the Service Center advised Claimant was financially eligible for unemployment compensation benefits (First Notice). Importantly, the First Notice also advised that December 17, 2008 was the last day to appeal the Service Center's determination. Claimant began receiving unemployment compensation benefits. Employer did not appeal the First Notice.

Without any intervening activity of record, the Service Center issued a second notice of financial determination on January 20, 2009 (Second Notice). This determination advised Claimant was not financially eligible to receive unemployment compensation benefits. Claimant timely appealed the Second Notice.

At hearing, the referee admitted the following Service Center documents and referee ...


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