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Harold G. Diehl, Jr. v. Unemployment Compensation Board of Review (Esab Group

May 25, 2011

HAROLD G. DIEHL, JR. PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW (ESAB GROUP, INC.), RESPONDENT



Petition for Allowance of Appeal from the Order of the Commonwealth Court

Per curiam.

ORDER

AND NOW, this 25th day of May 2011, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are:

a. Whether the voluntary layoff provision of section 402(b) of the Unemployment Compensation Law is applicable where a claimant accepted a voluntary layoff negotiated between his union and his employer and the terms of which provided for certain employer-provided health insurance?

b. Whether the Commonwealth Court erred when it refused to apply the section 402(b) voluntary layoff proviso of the Unemployment Compensation Law by characterizing the voluntary layoff as an "early retirement" package?

20110525

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