Legal Opinion · Dissent

Harmon v. Unemployment Comp. Bd. of Review

Supreme Court of Pennsylvania

Decided April 26, 2019No. 37 EAP 2017Published

1Dissent

JUSTICE MUNDY, Dissenting

Section 402.6, titled "Ineligibility of Incarcerated Employe," of the Unemployment Compensation Act, states "[a]n employe shall not be eligible for payment of unemployment compensation benefits for any weeks of unemployment during which the employe is incarcerated after a conviction." 43 P.S. § 802.6(a). Despite the ambiguity analysis of the word "during" espoused by the Majority, in my view, a plain reading of this statute is unambiguous. See 1 Pa.C.S. § 1921 ("[w]hen the words of a statute are clear and free from all ambiguity, the letter of it is not to be…

2Cases cited7 opinions

  1. Winslow-Quattlebaum v. Maryland Insurance GroupSupreme Court of Pennsylvania · 2000
  2. Harkness v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 2007
  3. Philadelphia Suburban Corp. v. CommonwealthSupreme Court of Pennsylvania · 1993
  4. Tritt v. CortesSupreme Court of Pennsylvania · 2004
  5. Chamberlain v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 2015

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