Opinion

Peak v. Commonwealth, Unemployment Compensation Board of Review

  • 509 Pa. 267
  • 501 A.2d 1383
  • 1985 Pa. LEXIS 446
Court
Supreme Court of Pennsylvania
Filed
Dec 12, 1985
Status
Published
Author
McDermott
On the bench
Files, Flaherty, Hutchinson, Larsen, McDermott, Nix, Papadakos, Zappala
Cited by
337 cases

stating that the Board’s factual findings are binding on appeal when substantial record evidence supports them

How later courts described this case

  • stating that the Board’s factual findings are binding on appeal when substantial record evidence supports them
  • explaining that the Board, and not the referee, is the final arbiter of credibility determinations
  • applying the test set forth in Universal Camera Corp. v. NLRB, 340 U.S. 474, 71 S.Ct. 456, 95 L.Ed. 456 (1951), to determine whether a finding is supported by substantial evidence
  • "[W]e will not impose on [these agencies] a requirement of redundant explanation."

Written by the judges who cited it.

The opinion

McDERMOTT, Justice,

concurring.

I concur in the result reached by the majority, but like Mr. Justice Larsen, I am not convinced that the question whether the Board may reverse a referee’s finding on credibility is an issue in this case. The Board did not reject the referee’s determination; what it did was interpret his findings.

I believe the question of importance and would prefer for precedential reasons to await a more direct conflict.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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