The opinion
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
DANIEL HARMON, : No. 307 EAL 2017
:
Petitioner : Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
:
v. :
:
:
UNEMPLOYMENT COMPENSATION :
BOARD OF REVIEW, :
:
Respondent :
ORDER
PER CURIAM
AND NOW, this 28th day of November, 2017, the Petition for Allowance of Appeal
is GRANTED. The issues, as stated by petitioner, are:
a. Did the Commonwealth Court inappropriately expand the concept of
administrative deference by evaluating the Board's litigation posture for
clear error, so that Commonwealth agency decisions will essentially
become unreviewable?
b. Did the Commonwealth Court misconstrue and misapply this Court's
holding in Chamberlain v. Unemployment Compensation Board of Review
by applying it to disqualify anyone who is serving a sentence of
incarceration?
c. Does Section 402.6 of the Unemployment Compensation Law contain a
durational requirement such that only claimants who are incarcerated for
the entire claim week in question are disqualified?
The Application for Relief in the Form of Leave to File an Amici Curiae Brief in
Support of the Petition for Allowance of Appeal of Community Legal Services, Inc., the
National Employment Law Project, the Public Interest Law Center, and the Homeless
Advocacy Project is DENIED. The Application for Relief in the Form of Leave to File an
Amici Curiae Brief in Support of the Petition for Allowance of Appeal of the Defender
Association of Philadelphia is also DENIED.
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