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HIGGINS v. UNEMPL. COMP. BD. OF REVIEW

No. 826 C.D. 1978.

45 Pa.Commw. 509 (1979)

Gerald C. Higgins, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

September 7, 1979.

Attorney(s) appearing for the Case

Thomas G. Wagner, for petitioner.

GuruJodha Singh Khalsa, Assistant Attorney General, with him Susan Shinkman, Assistant Attorney General, and Gerald Gornish, Attorney General, for respondent.

Argued May 10, 1979, before Judges CRUMLISH, JR., MENCER and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, September 7, 1979:

The Unemployment Compensation Board of Review affirmed the referee's decision that claimant Gerald C. Higgins was ineligible to receive benefits because he was self-employed, as specified by Section 402(h) of the Unemployment Compensation Law (Law), 43 P.S. § 802(h).1 We affirm the board.

Section 402(h) provides that:

An employee shall be ineligible for compensation for any...

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