Evanson v. Commonwealth, Unemployment Compensation Board of Review

Concurring Opinion by

Judge Bbatt:

Although I agree with the majority’s conclusion, I do not believe that our Supreme Court’s decision in Penn Hills School District v. Unemployment Compensation Board of Review, 496 Pa. 620, 437 A.2d 1213 (1981), diminishes or destroys the authority of those cases in which we held, as summarized by the majority, “that a full-time student who intends to return to school in the fall is rebuttably presumed to be unavailable for work during the summer. (Emphasis added.) See Mirkin v. Unemployment Compensation Board of Review, 59 Pa. Commonwealth Ct. 537, 430 A.2d…