# Kroh v. Unemployment Compensation Board of Review

> Commonwealth Court of Pennsylvania · May 15, 1998 · 711 A.2d 1093

URL: https://www.frixlaw.com/law-library/cases/9728151

## Case

- **Full name:** Douglas N. KROH, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** May 15, 1998
- **Citations:** 711 A.2d 1093; 1998 Pa. Commw. LEXIS 335
- **Precedential status:** Published
- **Opinion:** Dissent by Friedman
- **Judges:** Pellegrini, Friedman, Jiuliante
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9728151

## How later opinions describe it (automated extraction)

- affirming the Board’s denial of benefits to a claimant under Section 402.6 during weeks that he was eligible for work release

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9728151. Public record. Not legal advice.