Friday, August 16, 2019

UC - UCBR findings - substantial evidence - court review

Spradlin v. UCBR – Cmwlth. Court – unreported* memorandum opinion – August 16, 2019


Finding of overpayment reversed.  UCBR finding not supported by substantial record evidence.
Notwithstanding that the UCBR is “the ultimate fact-finder in [UC] matters and is empowered to resolve all conflicts in evidence, witness credibility, and weight accorded the evidence[,]” the record evidence does not support the UCBR’s findings and conclusions in this case. Sipps, 181 A.3d at 484 (quoting Ductmate Indus., 949 A.2d at 342); see Goldman v. UCBR (Pa. Cmwlth. No. 2392 C.D. 2014, filed September 25, 2015); see also VanKersen v. UCBR (Pa. Cmwlth. No. 1771 C.D. 2014, filed April 21, 2015).
As substantial record evidence does not support the UCBR’s findings.... the UCBR erred by concluding that Claimant was ineligible for....benefits.... [and was overpaid].

This Court acknowledges that its unreported memorandum opinions may only be cited “for [their] persuasive value, but not as binding precedent.” Section 414(a) of the Commonwealth Court’s Internal Operating Procedures, 210 Pa. Code § 69.414(a). Goldmanand VanKersen are cited herein for their persuasive value. 
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*An unreported Commonwealth Court case may not be cited binding precedent but can be cited for its persuasive value.  See 210 Pa. Code § 69.414(b) and Pa. R.A.P.  3716



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