Carey v. Review Board of the Indiana Employment Security Division

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Ernest Carey appeals the denial by the Review Board of the Indiana Employment Security Division of his claim for unemployment compensation benefits on the ground he was self-employed and unavailable for work and, therefore, ineligible for benefits. We reverse.

FACTS

Carey had been employed as a burner chipper at Blaw Knox Foundry for ten years when he was laid off indefinitely on May 17, 1986. For some six years prior to his lay off, Carey and his wife had owned a fabric store known as Phyllis' Fabrics. This business was operated by Carey's wife,…