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WAX UNEMPLOYMENT COMPENSATION CASE. (03/18/59)

March 18, 1959

WAX UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 62, Oct. T., 1959, by claimant, from decision of Unemployment Compensation Board of Review, No. B-48995, in re claim of Samuel Wax. Decision affirmed.

COUNSEL

Joseph Lurie, for appellant.

Sydney Reuben, Assistant Attorney General, with him Thomas D. McBride, Attorney General, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Gunther

[ 189 Pa. Super. Page 196]

OPINION BY GUNTHER, J.

The claimant was last employed by Mid City Press, Philadelphia, and his last day of work was January 20, 1956, at which time he was laid off due to lack of work. He filed an application for benefits on February 11, 1956, as a result of which he received compensation

[ 189 Pa. Super. Page 197]

    for 30 weeks. Another application was filed on February 11, 1957 and again he received payment for 29 weeks.

On September 19, 1957, claimant received a notice from the Bureau which disapproved the claim for the above benefits.

The record disclosed that claimant acquired the Delphi Hotel, 1722 Arch Street, Philadelphia in 1944. He leased the hotel for several years to Jacob Bergelson but on October 1, 1955 he undertook to operate it himself, and applied for an employer's account number effective October 1, 1955. Claimant filed his quarterly returns showing the number of employes and the wages paid for 1955, 1956 and 1957.

The Bureau, the Referee and the Board of Review, all decided that the applications for benefits were invalid. Their decisions were based on claimant's activities in connection with the hotel business.

The findings of fact made by the Board of Review are supported by competent testimony and are binding ...


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