Kelly v. Unemployment Compensation Board of Review

CONCURRING AND DISSENTING OPINION BY

Judge FRIEDMAN.

I concur with that portion of the majority’s opinion reversing the Unemployment Compensation Board of Review’s (Board) imposition of a fault overpayment on Michael W. Kelly (Claimant) pursuant to seetion 804(a) of the Unemployment Compensation Law (Law).1 However, I disagree with the majority’s determination that Claimant was ineligible for unemployment compensation benefits under the Law because he was not “unemployed” as that term is statutorily defined. To the contrary, I agree with Claimant’s contention that he remained “unemployed”…