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CAROLINE C. LASALLE v. COMMONWEALTH PENNSYLVANIA (03/19/87)

decided: March 19, 1987.

CAROLINE C. LASALLE, 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 Caroline C. LaSalle, No. B-240495.

COUNSEL

Edward A. Mihalik, for petitioner.

Clifford F. Blaze, Deputy Chief Counsel, with him, James K. Bradley, Assistant Counsel, for respondent.

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

Author: Macphail

[ 105 Pa. Commw. Page 17]

Caroline C. LaSalle (Claimant) petitions for our review of a decision by the Unemployment Compensation Board of Review (Board) which affirmed a referee's ruling that Claimant is ineligible for benefits under Sections 401(c) (reporting requirements) and 402(h) (self-employment) of the Unemployment Compensation Law (Law),*fn1 43 P.S. §§ 801(c), 802(h). Claimant was also held to be liable for a fault overpayment pursuant to Section 804(a) of the Law, 43 P.S. § 874(a).

Claimant was employed by the Office of Employment Security (OES) as an Intermittent Intake Interviewer from March, 1982 through April 29, 1984 when she was laid off due to lack of work. She thereafter applied for and received unemployment compensation benefits. Following receipt of a complaint regarding Claimant's approval for benefits, Claimant was interviewed by OES on May 14, 1984 and disclosed that she has a real estate broker's license and is the sole proprietor of LaSalle Real Estate. Claimant further stated that her business was started in 1975 but has been

[ 105 Pa. Commw. Page 18]

    inactive since 1980, although not officially out of business. Claimant has alleged throughout these proceedings that she has sold no real estate since 1980.

The referee found, following a hearing, that Claimant had intentionally withheld information regarding her actual relationship with LaSalle Real Estate so as not to jeopardize her claim for benefits. The referee made the following pertinent fact findings:

10. Claimant's real estate broker's license was never placed in an inactive status and LaSalle Real Estate did not go out of business or become inactive in December, 1980 but said business continues to have a telephone which is listed in the telephone directory, has a telephone answering machine, and has a [sic] office in a building owned by claimant and her husband.

11. Claimant had and continues to file a schedule C, self employment income with her United States Income Tax Returns and on her 1983 schedule C she listed both income and expenses for LaSalle Real Estate.

12. In fact, claimant claimed a loss of $13,694.61 for LaSalle Real Estate in her 1983 schedule C report and she and her husband offset this loss from their other income in ...


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