Opinion
No. 57 MAL 2016
05-10-2016
KEVIN E. JACOBS v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW (BRIDGEVIEW PARTNERS) PETITION OF: UNEMPLOYMENT COMPENSATION BOARD OF REVIEW
Petition for Allowance of Appeal from the Published Opinion and Order of the Commonwealth Court at No. 484 CD 2015, at 129 A.3d 639 (Pa. Cmwlth. 2015) entered on December 21, 2015, reversing the Order of the Unemployment Compensation Board of Review at No. B-576053 entered on March 11, 2015 ORDER PER CURIAM
AND NOW, this 10th day of May 2016, the Petition for Allowance of Appeal is GRANTED. Because the Commonwealth Court substituted its own assessments of the evidence and the credibility of the witnesses for that of the Unemployment Compensation Review Board's ("UCBR"), the judgment of the Commonwealth Court is REVERSED, and the determination of the UCBR is reinstated. See Peak v. UCBR, 501 A.2d 1383 (Pa. 1985) (holding that the UCBR is "the ultimate finder of fact" and it is not an appellate court's function to balance the evidence; questions of credibility, and the resolution of evidentiary conflicts are not subject to reevaluation upon appellate review).
Chief Justice Saylor files a dissenting statement in which Justice Dougherty joins.