Appeal from the Order of the Unemployment Compensation Board of Review in case of In re: Claim of Joseph M. Lopata, No. B-207467.
Jerry B. Landis, for petitioner.
Richard F. Faux, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.
Judges Rogers, Barry and Barbieri, sitting as a panel of three. Opinion by Judge Barry.
[ 86 Pa. Commw. Page 161]
Joseph M. Lopata, claimant, appeals a decision of the Unemployment Compensation Board of Review (Board) which affirmed a referee's denial of benefits to him.
The referee made the following findings:
1. Claimant was last employed by National Delivery Service, Inc. as a newpaper [sic] delivery person at a pay rate of $3.50 per hour, and his last day of work was March 10, 1982.
2. On March 6, 1982, the employer interviewed the claimant for the position and the claimant was told he would be required to deliver 107 copies of the Wall Street Journal and would have to make between 100 and 120 stops per night, for which he would be paid $3.50 per hour for a total of 3 1/2 hours of work.
3. The claimant was also told he would be paid 21 cents per mile for 21 miles for driving his
[ 86 Pa. Commw. Page 162]
vehicle in the delivery of the newspapers each morning.
4. Claimant was to be given $2.00 daily allowance for use of his vehicle in bad weather in addition ...