Kroh v. Unemployment Compensation Board of Review

FRIEDMAN, Judge,

dissenting.

I must respectfully dissent.

Unlike the majority, with its hypothetical, “rational” reasons to deny unemployment compensation benefits to incarcerated prisoners, I can see nothing rational about denying unemployment compensation to an individual, who otherwise would be entitled to benefits and who is available for work, merely because that individual also is an incarcerated prisoner. Accordingly, I would conclude that section 402.6 of the Unemployment Compensation Law (Law)¹ is unconstitutional, and I would reverse the order of the Unemployment Compensation Board of Review finding Douglas Neale Kroh ineligible for benefits under that section of the Law.

1 . Section 402.6 of Act of December 5, 1936, Second Ex.Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802.6.