In re the Claim of Baptista

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 21, 2003, which, inter alia, ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Claimant filed a claim for unemployment insurance benefits, effective February 4, 2002, and received benefits from February 17, 2002 through July 28, 2002 totaling $8,349. It was later discovered that, during this same time period, claimant worked as an assistant building superintendent. As a result, he was deemed ineligible to receive benefits on the basis that he was…