Villante v. Commonwealth

Opinion by

President Judge Crumlish, Jr.,

Gary Villante appeals an Unemployment Compensation Board of Review order which found him ineligible for benefits under Section 401(d)1 of the Unemployment Compensation Law. We vacate and remand.

Villante worked full-time for Gould, Inc., on the 4 p.m. to 12:30 a.m. shift for the two years prior to his layoff. In the second year of his employment, he enrolled as a day student at Penn State. When he was laid off, without fault of his own, the Board denied benefits concluding that he was primarily a student and thus unavailable for work.

Is Villante’s…