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LaChance v. Unemployment Compensation Board of Review

December 15, 2009

PETER A. LACHANCE, PETITIONER
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



The opinion of the court was delivered by: Judge Cohn Jubelirer

Submitted: September 11, 2009

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE JOHNNY J. BUTLER, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge.

OPINION

Peter A. LaChance (Claimant) petitions for review of an order of the Unemployment Compensation Board of Review (Board) affirming an Unemployment Compensation Referee's (Referee) decision denying Claimant benefits under Section 402(h) of the Unemployment Compensation Law (Law).*fn1

Claimant contends that the Board erred in denying him unemployment benefits because he falls within the sideline activity exception to the general self-employment exclusion. Finding no error in the Board's decision, we affirm.

Following his separation from employment with St. Mary's Medical Center (Employer), under conditions which were not disqualifying, Claimant filed an application for unemployment benefits. On November 6, 2008, the Unemployment Compensation Service Center (Service Center) issued a determination finding Claimant ineligible for benefits under Section 402(h), which precludes a claimant from receiving benefits for any week in which he engages in self-employment. Claimant appealed the Service Center's decision, and an evidentiary hearing was held before the Referee on December 8, 2008. Claimant, appearing pro se, testified on his own behalf. Following the hearing, the Referee issued a decision, making the following findings of fact:

1. The claimant worked as a vice president of human resources for St. Mary's Hospital beginning August 15, 2007 and last worked on October 15, 2008.

2. In 2000, the claimant began a business called The Quintessence Corporation focused on leadership development, and had his primary income from this source.

3. When the claimant began employment with St. Mary's he ceased actively putting time into Quintessence Corporation, but did continue to file taxes and report expenses or losses.

4. The claimant's employment with St. Mary's was his primary source of his income during his employment.

5. The claimant owns 100% of Quintessence Corporation, which he has since transferred to his wife's ownership.

6. The claimant has a financial stake in Quintessence Corporation, and networks, advertises and prospects for it.

7. When the claimant ceased working for St. Mary's, the claimant increased the time he spends on Quintessence Corporation.

(Referee's Decision/Order, Findings of Fact (FOF) ΒΆΒΆ 1-7.) Based on these findings of fact, the Referee concluded that Claimant was self-employed and, thus, ...


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