Decision 10782

Case Number Claimant Judge Language Decision date
Decision 10782   Dubinsky  French 1985-07-15
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  work without earnings 

Summary:

Contract to purchase franchise on 5-1. Practical training given by third party for 3 months. No obligation to be there on time but that is what he did. Not paid. Held position similar to those in field.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  availability for work 

Summary:

Availability nor supported by facts. Board concluded was available simply because insured had spent only limited number of hours on business. Availability cannot be reduced to simply assertion. Made only three searches. Not active search.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  weight of statements  not signed 

Summary:

At hearing, made attempt to repudiate what he had formally stated; no hesitation in rejecting his subsequent assertions. Case law is consistent: more weight must be given to first statement (even if not signed) than to second.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  weight of statements  contradictory 

Summary:

At hearing, made attempt to repudiate what he had formally stated; no hesitation in rejecting his subsequent assertions. Case law is consistent: more weight must be given to first statement (even if not signed) than to second.


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