Unemployment Compensation Board of Review v. Buss

Dissenting Opinion by

Judge Blatt :

I must respectfully dissent.

The claimant here was- given a choice by his employer either to use his accrued annual and sick leave or to be placed at once on indefinite leave without pay. He chose the latter. In either case, however, it was clear that he would not receive his regular salary nor would he perform any services during the claim weeks in question.

On these facts the majority has concluded that claimant was not “unemployed” during these claim weeks and is not, therefore, entitled to unemployment compensation. And, relying upon Gianfelice Unem*165ployment…