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GELB v. UN. COMP. BD. OF REV.

No. 3601 C.D. 1983.

87 Pa.Commw. 82 (1985)

Maurice Gelb, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

January 16, 1985.

Attorney(s) appearing for the Case

David I. Davis, Law Offices of Jonathan DeYoung, for petitioner.

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

Submitted on briefs November 1, 1984, to Judges CRAIG, PALLADINO and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, January 16, 1985:

Where an unemployment compensation claimant, by virtue of his ownership of 50% of a business corporation's stock and his office as president of that corporation, possesses the power to control the corporation, but has in fact not exercised such control, is he ineligible for compensation on the ground that his engagement with the corporation constituted self-employment?

The claimant, Maurice Gelb, has appealed from...

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