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THOMAS S. LEARY v. COMMONWEALTH PENNSYLVANIA (07/24/74)

decided: July 24, 1974.

THOMAS S. LEARY, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Thomas S. Leary, No. B-117280.

COUNSEL

Neal E. Newman, with him Balka and Levy, for appellant.

Sydney Reuben, Assistant Attorney General, with him Israel Packel, Attorney General, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr., and Mencer, sitting as a panel of three. President Judge Bowman and Judges Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Crumlish, Jr. did not participate.

Author: Per Curiam

[ 14 Pa. Commw. Page 410]

This is an appeal from an order of the Unemployment Compensation Board of Review (Board) which

[ 14 Pa. Commw. Page 411]

    determined that Thomas Leary (Leary) was ineligible for unemployment compensation because he was self-employed.

For twenty-two months, Leary was in the employ of Daniel J. Keating Company as a general construction superintendent. On March 31, 1972, he was laid off due to lack of work.

On May 12, 1972, Leary formed a corporation "Leary Builders Incorporated," and was elected (albeit unilaterally) President. Thereafter, the corporation, in August of 1972, entered into an agreement to buy a parcel of land. Settlement under this agreement was made in September, 1972. Construction of houses soon followed.

Leary filed for unemployment compensation benefits on April 14, 1972. The Bureau of Employment Security granted benefits for claim weeks ending April 20th and 27th, and denied benefits for the twenty-seven (27) consecutive weeks thereafter. On appeal from the Bureau determination, the Referee allowed benefits for the weeks ending May 4th and 11th, but denied benefits for the weeks thereafter because Leary was, in his opinion, self-employed. The Board affirmed the decision of the Referee and appeal to this Court followed.

In an unemployment compensation case, review by the Commonwealth Court of Pennsylvania is confined to questions of law and, in the absence of fraud, a determination of whether the findings of the Unemployment Compensation Board of Review are supported by the evidence, leaving to the Board all question of credibility and weight of the evidence and giving to the party prevailing below the benefit of all reasonable and logical inferences to be drawn from the ...


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