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SALIS UNEMPLOYMENT COMPENSATION CASE. (04/18/63)

April 18, 1963

SALIS UNEMPLOYMENT COMPENSATION CASE.


Appeal, No. 7, Oct. T., 1963, by claimant, from decision of Unemployment Compensation Board of Review, No. B-73424, in re claim of Aaron Salis. Decision affirmed; reargument refused May 15, 1963.

COUNSEL

Joseph Litt, with him Markovitz & Stern, for appellant.

Sydney Reuben, Assistant Attorney General, with him Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Ervin

[ 200 Pa. Super. Page 549]

OPINION BY ERVIN, J.

In this unemployment compensation case the bureau, the referee and the board all determined that appellant was self-employed and thereby disqualified from receiving unemployment compensation benefits

[ 200 Pa. Super. Page 550]

    under § 402(h) of the Unemployment Compensation Law, 43 PS § 802(h).

On July 16, 1961 appellant filed an application for benefits for compensable weeks ending July 29 through November 4, 1961. At the remand hearing held April 11, 1962, Joseph Litt, Esq., an attorney representing the claimant, stated: "The claimant's contention is that from July 22, 1961 until the middle of September he was not self employed. However, we are willing to concede that from September 15th which is the date that the business actually went into operation, the store was open for business from that point on, he was self employed."

We are, therefore, actually concerned only with the period from July 22, 1961 to September 15, 1961.

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

In Alick Unemployment Compensation Case, 194 Pa. Superior Ct. 28, 166 A.2d 342, where the appellant offered his services as an air conditioner serviceman subsequent to separation from full-time employment, this Court, in affirming the Board's denial of benefits under § 402(h), stated: "Claimant having embarked upon self-employment subsequent to the separation from his full-time work is disqualified under section 402(h) of the Law. The record is clear that claimant was not engaged in self-employment during his ...


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