Opinion

Abington School District v. Commonwealth, Unemployment Compensation Board of Review

72 Pa. Commw. 457
456 A.2d 1152
1983 Pa. Commw. LEXIS 1399

Court: Commonwealth Court of Pennsylvania
Filed: Mar 9, 1983
Status: Published
Author: MacPhail
On the bench: Ale, Crumlisb, Crumlish, MacPhail
Cited by: 3 cases
Authority: More cited than 9.1%

The opinion

Dissenting Opinion by

Judge MacPhail:

I respectfully dissent.

The order of the Unemployment Compensation Board of Review, which is the order appealed from *461 in the instant case, is a final order. Onr decision in Murhon v. Workmen’s Compensation Appeal Board, 51 Pa. Commonwealth Ct. 214 , 414 A.2d 161 (1980) concerned an order of the Board which was not final. I, therefore, do not believe Murhon is controlling in the instant case.

Whether or not the referee’s order was interlocutory and whether or not the referee had the authority to remand the case to the Office of Employment Security are issues not raised in this appeal and, since they are not jurisdictional, I do not believe we may raise them sua sponte.

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