Harmon v. Unemployment Compensation Board of Review

DISSENTING OPINION BY

PRESIDENT JUDGE LEAVITT

The majority has carefully parsed the words of Section 402.6 of the Unemployment Compensation Law (Law)1 and concluded that its directive on the eligibility of incarcerated persons for unemployment compensation is ambiguous. I agree with that conclusion. I part company with the majority in its decision to resolve the ambiguity against Daniel Harmon (Claimant), who is subject only to partial confinement and available to work Monday through Friday. Because the Law is remedial in nature, ambiguities therein should be resolved in favor of coverage.…