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MONROE G. KOGGAN ASSOCIATES v. COMMONWEALTH PENNSYLVANIA (03/07/84)

decided: March 7, 1984.

MONROE G. KOGGAN ASSOCIATES, INC., 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 Brad H. Eberly, No. B-199008.

COUNSEL

Nathaniel W. Boyd, IV, for petitioner.

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

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

Author: Williams

[ 80 Pa. Commw. Page 627]

The petitioner, Monroe Koggan Associates, Inc. (Koggan), petitions for review of a decision and order of the Unemployment Compensation Board of Review

[ 80 Pa. Commw. Page 628]

(Board) granting benefits to Brad H. Eberly (claimant).

The legal question before us is whether the claimant was a self-employed independent contractor or an employe within the meaning of the Unemployment Compensation Law (Act)*fn1 during the period in which he performed services for the petitioner.

From April 14, 1981 until May 13, 1981, the claimant performed services for the petitioner in supervising the construction of a building. When the project was completed, Koggan had no further work for him and the claimant filed a claim for benefits for the compensable week ending May 23, 1981.

Initially, we note that the Act does not define the term "self-employment". However, Section 4(1)(2)(B), 43 P.S. 753(1)(2)(B),*fn2 does define "employment" and provides in pertinent part:

Services performed by an individual for wages shall be deemed to be ...


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