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

> Commonwealth Court of Pennsylvania · March 9, 1983 · 72 Pa. Commw. 457

URL: https://www.frixlaw.com/law-library/cases/6369026

## Case

- **Full name:** Abington School District v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, H. Russell Pittman, and all others similarly situated, Intervenors
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** March 9, 1983
- **Citations:** 72 Pa. Commw. 457; 456 A.2d 1152; 1983 Pa. Commw. LEXIS 1399
- **Precedential status:** Published
- **Opinion:** Dissent by MacPhail
- **Judges:** Ale, Crumlisb, Crumlish, MacPhail
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6369026

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6369026. Public record. Not legal advice.