Decision 21529

Case Number Claimant Judge Language Decision date
Decision 21529   Strayer  English 1992-09-11
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  not applying jurisprudence 


I agree that the Board made errors of law and fact. It gave great emphasis to the small amount of money it considered the claimant made from his land. In doing so it was distorting the accepted legal criteria for self-employment, the revenue being only one element to consider.

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  farming  self-employed 


Owns 3,438 acres of which 640 are in pasture and 600 of hay land. Has 48 head of cattle plus 30 calves. He has had no work off the farm for over 20 years. He says that farming was his main livelihood. The Board erred. It gave too great emphasis to the money derived from the farm. The Board failed to take into account other criteria which are legally relevant. It did not address the uncontested information that claimant had not, for over 20 years, worked away from the farm during the summer. Nor did it consider the scope of the cattle operation.

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