Subchapter A. GENERAL PROVISIONS
Sec.
101.1. Scope.
101.2. Definitions.§ 101.1. Scope.
This part sets forth special rules of practice and procedure and governs proceedings before the Board.
Source The provisions of this § 101.1 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435.
§ 101.2. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Board—The Unemployment Compensation Board of Review.
Day—A calendar day.
Department—The Department of Labor and Industry of the Commonwealth.
Department appeal office—A Department office responsible for unemployment compensation where an appeal may be filed and accepted, according to the Department-provided instructions accompanying a determination.
Employment office—A public employment office or branch thereof, operated by the Department or by another state or by the Federal Government under agreement with the Department.
Party—The Department, the claimant, the last employer of the claimant and another employer affected by the appeal proceedings.
Pennsylvania UC Claims System—The Department’s information technology system of record for the filing, management and processing of unemployment compensation claims and appeals.
Personal delivery—Delivery by or on behalf of a party that is not enumerated in § 101.82(b)(1)—(4.1) (relating to time for filing appeal from determination of Department) where a person personally files the appeal at a Board office or workforce investment office.
Referee—A referee of the Board.
Tribunal—The Board or one of its referees.
Workforce investment office—An office where the Department provides employment services under the Wagner-Peyser Act (29 U.S.C.A. § § 49—49m). A workforce investment office may be identified as a Team Pennsylvania CareerLink.
Authority The provisions of this § 101.2 amended under section 203(d) of the Unemployment Compensation Law (43 P.S. § 763(d)) and section 506 of The Administrative Code of 1929 (71 P.S. § 186).
Source The provisions of this § 101.2 adopted August 26, 1970, effective August 27, 1970, 1 Pa.B. 435; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4674; amended March 11, 2022, effective March 12, 2022, 52 Pa.B. 1480. Immediately preceding text appears at serial pages (355743) to (355744).
Notes of Decisions Issue Preclusion
Although the unemployment compensation finding that there was no abuse addresses the identical issue confronted in this workers’ compensation proceeding, such a finding, although identical and essential, does not preclude the litigation of whether claimant was injured in the course of employment. Verbilla v. Workmen’s Compensation Appeal Board, 668 A.2d 601 (Pa. Cmwlth. 1995).
Issue preclusion did not apply where the first case was heard before the Unemployment Compensation Board and the pending case is with the Workers Compensation Board because to do so would be to hold, in effect, that claimant loses both cases based on the finding of an unemployment compensation referee even though significantly different procedures apply and different policies and goals are at stake in the workers’ compensation proceeding. Therefore, a fresh determination of the factual issue by a Workers’ Compensation Judge is warranted. Verbilla v. Workmen’s Compensation Appeal Board, 668 A.2d 601 (Pa. Cmwlth. 1995).
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