Decision A-0772.00

Case Number Claimant Judge Language Decision date
Decision A-0772.00 Miller Thomas  Federal  English 2002-01-18
Decision Appealed Appellant Corresponding Case
Allowed Unanimous - Returned to the ump  No Commission  49608 


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

Summary:

After several years of claiming benefits during the winter months, the claimant, a golf professional, decided to establish a golf school with another pro. Found that the employment was not minor in extent and claimant disentitled for not being unemployed. The BOR and the Umpire mainly focused on the fact that both owners remained available for work and allowed the claimant's appeal. The FCA found that the BOR had failed to address the 6 criteria set by Regulations and appeared to have collapsed the "minor in extent" and the "availability for work" issues into the single question of availability. Case returned to BOR for reconsideration.


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