The opinion
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
KEVIN E. JACOBS : No. 57 MAL 2016
:
:
v. : Petition for Allowance of Appeal from
: the Published Opinion and Order of
: the Commonwealth Court at No. 484
UNEMPLOYMENT COMPENSATION : CD 2015, at 129 A.3d 639 (Pa. Cmwlth.
BOARD OF REVIEW (BRIDGEVIEW : 2015) entered on December 21, 2015,
PARTNERS) : reversing the Order of the
: Unemployment Compensation Board of
: Review at No. B-576053 entered on
PETITION OF: UNEMPLOYMENT : March 11, 2015
COMPENSATION BOARD OF REVIEW :
ORDER
PER CURIAM DECIDED: May 10, 2016
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.