Friday, April 26, 2019

UC - sec. 402.6 - incarcerated person - weekends only - held eligible

Harmon v. UCBR – Pa. Supreme Court – April 26, 2019

We granted discretionary review to determine whether the Commonwealth Court erred in holding appellant Daniel Harmon was disqualified from receiving unemployment compensation benefits pursuant to Section 402.6 of the Unemployment Compensation Law (the Law), 43 P.S. §802.6(a) (“[a]n employe shall not be eligible for payment of unemployment compensation benefits for any weeks of unemployment during which the employe is incarcerated after a conviction”). We hold appellant, who was serving a sentence of incarceration on weekends only, was not disqualified from receiving unemployment compensation benefits, and we therefore reverse the order of the Commonwealth Court.  (24 pps)

Saylor – concurring

Donohue – concurring

Wecht – concurring

Mundy – dissenting