Johnson v. UN. COMP. BD. OF REV.

Dissenting Opinion by

President Judge Crumlish, Jr. :

I respectfully dissent.

The majority places much emphasis on Johnson *s authority as manager of the Junction House Cafe and relies heavily on the fact that Johnson was named as a permittee on the municipal license. Reasoning that Johnson exercised a substantial degree of control over the business, it determines that he was self-employed.

In my opinion, neither of these factors addresses the threshold question of whether Johnson owned the Cafe. A necessary element to a determination of self-employment is ownership. Starinieri Unemployment…