Marchione v. Commonwealth

Opinion by

Judge Williams, Jr.,

Joseph C. Marchione (claimant) appeals from an order of the Unemployment Compensation Board of Review affirming a referee’s decision denying him eligibility for unemployment benefits. The referee decided that the claimant, a former insurance agent, had been remunerated for his services “solely by way of commission” in terms of Section 4(1) (4) (17) of the Unemployment Compensation Law (Law),1 and therefore was not eligible by tandem force of Section 401(a) of the Law.2

The issue presented by this case is whether or not a contractually fixed minimum weekly…