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JAMES P. CAMERON v. COMMONWEALTH PENNSYLVANIA (08/19/82)

decided: August 19, 1982.

JAMES P. CAMERON, SR., 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 James P. Cameron, Sr., No. B-193007.

COUNSEL

Richard C. Osterhout, for petitioner.

Charles G. Hasson, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Blatt, Williams, Jr. and Doyle, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 68 Pa. Commw. Page 408]

James P. Cameron, Sr. (claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) which adopted a referee's determination denying him benefits. It was held that he provided services for an employer as a real estate agent and was therefore subject to the exclusion noted at Section 4(1)(4)(17) of the Unemployment Compensation Law.*fn1

The findings of fact made by the referee after a hearing, at which the claimant and the employer's representative appeared, were:

1. For purposes of this appeal, claimant was last associated with Forrest Realty and Construction Co., Inc. as a Sales Person on a commission basis from September 1, 1971 thru October 15, 1978 and his separation is not at issue.

2. Claimant filed an application for unemployment compensation benefits, effective November 11, 1979, thereby establishing an [sic] base year period of July 1, 1978 thru June 30, 1979.

[ 68 Pa. Commw. Page 4093]

. Claimant was determminined [sic] financially ineligible for unemployment compensation benefits on his application dated November 11, 1979, due to his having no convered [sic] earnings during the base year period.

4. Claimant was a duly licensed real estate salesman with Forrest Realty and Construction Company, Inc. during the base year period and his real estate license was displayed in the employer's office while he was performing his services.

5. Claimant set his own work hours on Mondays thru Fridays while associated with Forrest Realty and Construction Company, ...


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