Gonzalez v. Commonwealth

*636Dissenting Opinion by

Judge Doyle:

I respectfully dissent.

Claimant was found ineligible for benefits pursuant to Section 401(d)(1) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., PL. (1937) 2897, as amended, 43 PS. §801(d)(l), which provides that “[compensation shall be payable to any employee who is or becomes unemployed, and who . . . (d)(1) [i]s able to work and available for suitable work. . . .” Claimant here has conceded that he was unavailable for work during his period of incarceration; whether he was at fault for his unavailability is simply not…