Friday, March 05, 2010

admin. law - credibility - does not depend on # of witnesses

Affordable Comfort Contracting, Inc. v. UCBR - Cmwlth. Court - February 18, 2010 - unreported memorandum opinion

When an employer trots out a whole bunch of witnesses at a UC hearing, with just the claimant on the other side, remind the referee of the quote from the Supreme Court cited in this case.

The facts that [Employer] produced a greater number of witnesses, and that they assert that their witnesses were more credible, are not paramount. Evidence offered by the claimants was not rendered insubstantial by the mere fact that it was contradicted by evidence introduced by [Employer]. Hence, the court below properly determined that the. . . testimony adduced by the claimants provided the requisite basis for the referees' findings.

Bethenergy Mines, Inc. v. Workmen’s Compensation Appeal Board (Skirpan), 531 Pa. 287, 393, 612 A.2d 434, 437 (1992).