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Jacobs v. Unemployment Comp. Bd. of Review

SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
May 10, 2016
No. 57 MAL 2016 (Pa. May. 10, 2016)

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.


Summaries of

Jacobs v. Unemployment Comp. Bd. of Review

SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
May 10, 2016
No. 57 MAL 2016 (Pa. May. 10, 2016)
Case details for

Jacobs v. Unemployment Comp. Bd. of Review

Case Details

Full title:KEVIN E. JACOBS v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW (BRIDGEVIEW…

Court:SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

Date published: May 10, 2016

Citations

No. 57 MAL 2016 (Pa. May. 10, 2016)