Decision A-0245.97

Case Number Claimant Judge Language Decision date
Decision A-0245.97 Lazar Warda  Federal  French 1998-02-04
Decision Appealed Appellant Corresponding Case
Allowed Majority  No Commission  36921 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  principal means of livelihood 

Summary:

Claimant worked in his wife's restaurant from 6:00 p.m. to 1:00 a.m., seven days a week. He didn't receive any remuneration for that work. FCA found that the Umpire didn't give full effect to the Jouan decison when he concluded that because claimant worked gratuitously to assist his spouse, his employment was minor in extent. Court concluded that when applying the Jouan analysis to this case the evidence shows that claimant's involvement in the business was not so minor in extent that one would not normally follow it as a principal means of livelihood.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
week of unemployment  minor in extent 

Summary:

Claimant worked in his wife's restaurant from 6:00 p.m. to 1:00 a.m., seven days a week. He didn't receive any remuneration for that work. FCA found that the Umpire didn't give full effect to the Jouan decison when he concluded that because claimant worked gratuitously to assist his spouse, his employment was minor in extent. Court concluded that when applying the Jouan analysis to this case the evidence shows that claimant's involvement in the business was not so minor in extent that one would not normally follow it as a principal means of livelihood.


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

Summary:

Claimant worked in his wife's restaurant from 6:00 p.m. to 1:00 a.m., seven days a week. He didn't receive any remuneration for that work. FCA found that the Umpire didn't give full effect to the Jouan decison when he concluded that because claimant worked gratuitously to assist his spouse, his employment was minor in extent. Court concluded that when applying the Jouan analysis to this case the evidence shows that claimant's involvement in the business was not so minor in extent that one would not normally follow it as a principal means of livelihood.


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