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Schneider v. Unemployment Compensation Board of Review

June 18, 2010

MARCI M. SCHNEIDER, PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



The opinion of the court was delivered by: Senior Judge Flaherty

Submitted: April 16, 2010

BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, President Judge, HONORABLE P. KEVIN BROBSON, Judge., HONORABLE JIM FLAHERTY, Senior Judge.

OPINION

Marci M. Schneider (Claimant) petitions for review from an order of the Unemployment Compensation Board of Review (Board) which affirmed the decision of a referee denying Claimant unemployment benefits concluding that Claimant was engaged in self-employment under Section 402(h) of the Unemployment Compensation Law (law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(h). We affirm.

Claimant filed an application for unemployment compensation benefits effective January 4, 2009, indicating that Treadwell Law Offices (Treadwell) was her last employer from February 1, 2003 to January 6, 2009. The job center granted Claimant benefits and Treadwell appealed. A hearing was conducted before a referee after which the referee issued a decision denying Claimant benefits concluding that Claimant was self-employed. Claimant appealed to the Board, which adopted the findings of the referee and affirmed the decision. The relevant findings are as follows:

1. The claimant is a licensed attorney.

2. In 2003, the President of Treadwell Law Offices (Treadwell) approached the claimant to help with researching, drafting complaints and other work related to his position as solicitor to several municipalities.

3. Treadwell initially sent files to the claimant for her to work on and she billed Treadwell monthly at $35.00 per billable hour.

4. While performing work for Treadwell, the claimant continued to perform services for her own clients.

5. From 2005, the work that the claimant performed for Treadwell increased and the claimant began to scale back her work for private clients.

6. By 2007, the claimant was deriving all of her income from services performed for Treadwell.

7. In part because of increasing work for the claimant, at some point in 2005, Treadwell gave the claimant use of an office in his facility.

8. The office was equipped with a telephone, dictation equipment and other office equipment that was provided and paid for by Treadwell.

9. By 2007, the claimant had vested herself entirely of private clients and exclusively ...


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