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HENRY F. REINTS v. COMMONWEALTH PENNSYLVANIA (12/06/84)

decided: December 6, 1984.

HENRY F. REINTS, AN INDIVIDUAL, 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 Henry F. Reints, No. B-216971.

COUNSEL

Henry F. Reints, petitioner, for himself.

Michael D. Alsher, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.

Judges MacPhail, Barry and Colins, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 86 Pa. Commw. Page 342]

Henry F. Reints (claimant) appeals a decision of the Unemployment Compensation Board of Review

[ 86 Pa. Commw. Page 343]

(Board), which affirms a referee's decision to deny benefits to claimant because he was self-employed. Section 402(h) of the Unemployment Compensation Law*fn1 provides in pertinent part:

An employee shall be ineligible for compensation for any week in which he is engaged in self-employment: Provided, however, that an employe who is able and available for full-time work shall be deemed not engaged in self-employment by reason of continued participation without substantial change during a period of unemployment in any activity . . . undertaken while customarily employed by an employer in full-time work whether or not such work is in "employment" as defined in this act and continued subsequent to separation from such work when such activity is not engaged in as a primary source of livelihood. . . .

This Court has held that a claimant will not be disqualified under Section 402(h) if the following factors are present: (1) The self-employment activity precedes valid separation from full-time work; (2) it continues without substantial change after separation; (3) the claimant remains available for full-time work after separation; and (4) the self-employment activity is not the primary source of the claimant's livelihood. Parente v. Unemployment Compensation Board of Review, 27 Pa. Commonwealth Ct. 455, 366 A.2d 629 (1976).

Claimant was employed by Amherst Insurance Company as supervisor of the bond department. He was employed from 1970 through 1982, and was laid off on September 30, 1982 as a result of the company being liquidated by the Insurance Commissioner.

[ 86 Pa. Commw. Page 344]

Claimant had been conducting a part-time law practice in Indiana, Pennsylvania since 1975. Income tax returns submitted in evidence at the hearing indicate that he recorded financial ...


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