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ADAIR ROGERS v. COMMONWEALTH PENNSYLVANIA (07/14/82)

decided: July 14, 1982.

ADAIR ROGERS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of John A. Hill, No. B-169400.

COUNSEL

Adair Rogers, petitioner, for himself.

Francine A. Ostrovsky, Associate Counsel, with her Charles G. Hasson, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Craig

[ 67 Pa. Commw. Page 398]

In this unemployment compensation appeal by putative employer Adair Rogers, P.E., from allowance of benefits to the claimant John Hill, who had worked as a machine operator, the ultimate question has been the existence of qualifying base year wages in sufficient amount, but the pivotal issue is whether the claimant was an employee or a limited partner in the business.

To document the allegation of partnership, Rogers offered a hand-lettered paper headed

AGREEMENT BETWEEN ADAIR ROGERS, PE AND .

[ 67 Pa. Commw. Page 399]

The paper was not signed by anyone; it names only Adair Rogers as principal partner, leaving unidentified the "LIMITED PARTNER(S)" to which it makes generalized reference. Its body refers to a quarterly division of profits.

Without contesting the base year wage computation as to amount, Rogers raises only points relating to the partnership allegation, as follows:

1. Did the referee err in excluding the unexecuted agreement form from evidence?

2. Did the referee wrongly refuse to admit testimony from other persons, as to their own basis of compensation, to support the allegation ...


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