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BERNSTEIN UNEMPLOYMENT COMPENSATION CASE. (03/21/62)

March 21, 1962

BERNSTEIN UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 392, Oct. T., 1961, by claimant, from decision of Unemployment Compensation Board of Review, No. B-66362, in re claim of William W. Bernstein. Decision affirmed.

COUNSEL

Samuel B. Brenner, with him Brenner and Brenner, for appellant.

Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Ervin

[ 197 Pa. Super. Page 324]

OPINION BY ERVIN, J.

In this unemployment compensation case the bureau and the referee denied benefits to the claimant under § 402(b)(1) of the Unemployment Compensation

[ 197 Pa. Super. Page 325]

Law, 43 PS § 802(b)(1). The board affirmed denial of benefits but held that the claimant was ineligible to receive benefits under § 402(h) of the Unemployment Compensation Law, 43 PS § 802(h).

It is our opinion that the board's decision was a correct one but based upon an erroneous reason. The bureau and referee based their decision upon the correct reason.

The claimant was president and general manager of Berne Company, Inc., Philadelphia, Pennsylvania, a Pennsylvania corporation, and owned fifty per cent of the capital stock of that corporation. The other fifty per cent of the capital stock was owned by Jack C. Scalise, who was secretary and treasurer of the corporation. Claimant received $175.00 per week as remuneration for his services until April 20, 1961, at which time the business was discontinued. On April 26, 1961 the corporation filed a voluntary petition in bankruptcy in the United States District Court and was adjudicated a bankrupt. The claimant made application for unemployment benefits on April 29, 1961. A receiver was appointed and the asserts of the corporation were subsequently sold.

Section 402(h) of the Unemployment Compensation Law is as follows: "An employe shall be ineligible for compensation for any week - ... (h) In which he is engaged in self-employment: ...."

The claimant was not engaged in self-employment for the period of time for which benefits were claimed. In fact, he had no employment at all. Section 402(h) applies only to a situation where the claimant is actually ...


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