189 Pa. Super. 503 | Pa. Super. Ct. | 1959
Opinion by
In this unemployment compensation case benefits were denied to claimant-appellant, John L. Urban, by the bureau, the referee and the Unemployment Compensation Board of Review. The board found that claimant was not eligible to receive unemployment compensation benefits because he was not unemployed within the meaning of §401 of the Unemployment Compensation Law as defined in §4(u) of the Law: 43 PS §753.
The board made the following findings of fact: “2. Claimant is a licensed mortician with his place of business at 841 Broadhead Road, Aliquippa, Pennsylvania, where he holds himself out to the public seeldng to obtain business.
“3. During the claim filing period here at issue, claimant was engaged in self-employment as a mortician.”
. There was no dispute as to the above facts. Claimant argues that since he has not had any business and therefore earned no money from Ms profession, he should be entitled to compensation. In Muchant Un
“We indicated our position in this respect in Martin Unemployment Compensation Case, 174 Pa. Superior Ct. 412, 101 A. 2d 421, wherein we stated: ‘Conceivably, where a person divides his time and labor between work for another and potentially profitable work for himself, as where, e.g., a factory worker also operates, say, a store, a farm or a work-shop, a suspension of work at the factory may not and probably does not expose him to the rigors of unemployment which the Law is designed to alleviate. See Law, §3, 43 PS §752.’ ”
In Walley Unemployment Compensation Case, 184 Pa. Superior Ct. 456, 136 A. 2d 136, the claimant-was a licensed chiropodist and we held that he was not unemployed. In Aley Unemployment Compensation Case, 178 Pa. Superior Ct. 515, 116 A. 2d 241, we held
Decision affirmed.