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PARMELEE v. COMMONWEALTH PENNSYLVANIA (09/11/79)

decided: September 11, 1979.

PARMELEE, MILLER, WELSH & KRATZ, P.C., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of John A. Anthes, Jr., No. B-154038-B.

COUNSEL

Daniel J. Long, for petitioner.

Elsa D. Newman, Assistant Attorney General, with her Richard Wagner, Assistant Attorney General, Chief Counsel, and Edward G. Biester, Jr., Attorney General, for respondent.

Judges Mencer, Rogers and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 45 Pa. Commw. Page 571]

Claimant is an attorney-at-law, admitted to the Pennsylvania bar. The question raised on this appeal by his former employer is whether he became self-employed for unemployment compensation purposes and therefore ineligible for benefits under Section 402(h) of The Unemployment Compensation Law.*fn1

The findings of the Unemployment Compensation Board of Review (Board) are succinct and supported by substantial evidence:

2. Claimant was advised by the employer early in August that his last day of work for the employer would be August 31, 1977.

[ 45 Pa. Commw. Page 5723]

. During the month of August claimant purchased advertising in the legal directory of the Pittsburgh Magazine for the months of September and October.

4. On September 1, 1977 the claimant did not have the funds to establish a private practice so he decided not to go into private practice.

5. After claimant was discharged from his employment he did not have any clients, he did not perform any legal services and he ...


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