Harmon v. Unemployment Comp. Bd. of Review

JUSTICE WECHT, Concurring

Section 402.6 of the Unemployment Compensation Law provides that "an employe"1 cannot receive unemployment benefits for any week "during" which he or she is incarcerated after a conviction. 43 P.S. § 802.6. I agree with the learned Majority that the word "during," as used in that section, is ambiguous. I also agree that, given this ambiguity, we should construe Section 402.6 to mean that claimants serving sentences of weekend-only confinement remain eligible to receive unemployment compensation benefits. I write separately because I disagree respectfully with the…