Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Charles H. Johnson, No. B-228017.
Samuel J. Davis, for petitioner.
Charles D. Donahue, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.
President Judge Crumlish, Jr., Judge Rogers, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Rogers. Senior Judge Kalish concurs in the result only. Dissenting Opinion by President Judge Crumlish Jr.
[ 95 Pa. Commw. Page 184]
This is the appeal of Charles H. Johnson (claimant) from an order of the Unemployment Compensation Board of Review (board) upholding a referee's decision denying the claimant benefits because he was
[ 95 Pa. Commw. Page 185]
engaged in self-employment,*fn1 and establishing a fault overpayment.*fn2
The referee made the following findings of fact:
1. For purposes of this appeal, the claimant was last employed by Stop and Go Food Store as a manager at a weekly salary of $340, and he last worked in August 1982.
2. A license to operate a public eating and drinking place known as the Junction House Cafe was issued to the claimant and Larry Mikesell, and the claimant signed the license on November 10, 1982.
3. Mr. Larry Mikesell is employed elsewhere, and the claimant was in charge of the day to day operations of the business.
4. The claimant signed all payroll checks, paid utilities, rent, made bank deposits, issued checks for the lottery license, purchased supplies, paid for equipment ...