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URBAN UNEMPLOYMENT COMPENSATION CASE. (06/10/59)

THE SUPERIOR COURT OF PENNSYLVANIA


June 10, 1959

URBAN UNEMPLOYMENT COMPENSATION CASE.

Appeal, No. 27, April T., 1959, by claimant, from decision of Unemployment Compensation Board of Review, No. B-48935, in re claim of John L. Urban. Decision affirmed.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Ervin

[ 189 Pa. Super. Page 504]

OPINION BY ERVIN, J.

In this unemployment compensation case benefits were denied to claimant-appellant, John L. Urban, by the bureau, the referee and the Unemployment Compensation Board of Review. The board found that claimant was not eligible to receive unemployment compensation benefits because he was not unemployed within the meaning of § 401 of the Unemployment Compensation Law as defined in § 4(u) of the Law: 43 PS § 753.

The board made the following findings of fact: "2. Claimant is a licensed mortician with his place of business at 841 Broadhead Road, Aliquippa, Pennsylvania, where he holds himself out to the public seeking to obtain business.

"3. During the claim filing period here at issue, claimant was engaged in self-employment as a mortician."

There was no dispute as to the above facts. Claimant argues that since he has not had any business and therefore earned no money from his profession, he should be entitled to compensation. In Muchant Unemployment

[ 189 Pa. Super. Page 505]

    that the claimant was ineligible for benefits because he and his wife owned and operated an appliance store. The mere fact that the business was not profitable did not remove claimant from the category of a businessman and bring him within the class of workers the Unemployment Compensation Law was designed to protect.

Disposition

Decision affirmed.

19590610

© 1998 VersusLaw Inc.



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