Opinion
September 7, 1982.
Unemployment compensation — Substantial evidence — Involuntary termination — Credibility.
1. Findings of the Unemployment Compensation Board of Review will not be disturbed on appeal when supported by substantial evidence which is such evidence and reasonable inferences therefrom which would permit a reasonable mind to reach the conclusion reached by the Board. [587]
2. Findings in an unemployment compensation case that the termination of an employe was involuntary will not be disturbed on appeal when supported by substantial evidence although contrary evidence was also presented, as questions of credibility and evidentiary weight are for the factfinder, not the reviewing court. [588]
Submitted on briefs to Judges BLATT, WILLIAMS, JR. and DOYLE, sitting as a panel of three.
Appeal, No. 2276 C.D. 1981, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Barbara A. Miller, No. B-198567.
Application with the Office of Employment Security for unemployment compensation benefits. Benefits awarded. Employer appealed. Benefits denied by referee. Applicant appealed to the Unemployment Compensation Board of Review. Benefits awarded. Employer appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Jason S. Shapiro, McNees, Wallace Nurick, for petitioner.
Francine Ostrovsky, Associate Counsel, with her Richard L. Cole, Jr., Chief Counsel, for respondent.
Dennis J. Stofko, for intervenor.
Barbara A. Miller (Claimant) was awarded unemployment compensation benefits because the Unemployment Compensation Board of Review (Board) reversed the decision of a referee who had found Claimant ineligible pursuant to Section 402(b) of the Unemployment Compensation Law because she voluntarily resigned her position with her employer. Claimant's employer, Carriers Terminal Company, has appealed the determination of the Board.
Act of December 5, 1936, Second Ex. Sess., P.L. [1937] 2897, as amended, 43 P. S. § 802(b).
The findings of the Board will be affirmed on appeal when supported by substantial evidence which is defined as evidence, and inferences reasonably deductible therefrom, which would permit a reasonable mind to have reached the same conclusion as that reached by the Board. Zinicola v. Unemployment Compensation Board of Review, 47 Pa. Commw. 154, 407 A.2d 474 (1979). Upon a thorough review of the record, we find substantial evidence to support the Board's finding that Claimant's termination was involuntary. For example, the record reveals that Claimant received a letter from her employer's assistant terminal manager who was the Claimant's supervisor which notified her that she was being laid off as a result of poor business conditions. The employer alleges that the Board did not accept testimony which would have established that Claimant's separation was voluntary. The Board, as the ultimate fact finder, however, is the sole arbiter on the issue of credibility and evidentiary weight, so that even uncontradicted testimony may be disregarded. Atkinson v. Unemployment Compensation Board of Review, 61 Pa. Commw. 535, 434 A.2d 850 (1981).
Order affirmed.
ORDER
NOW, September 7, 1982, the decision of the Unemployment Compensation Board of Review dated August 20, 1981 at Decision No. B-198567 is hereby affirmed.