Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Jacob Czitrom, No. B-168976.
Benjamin Pomerantz, for petitioner.
William J. Kennedy, Assistant Attorney General, with him Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondents.
Judges Wilkinson, Jr., Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Wilkinson, Jr.
[ 52 Pa. Commw. Page 538]
Petitioner (claimant) appeals from a final determination of the Unemployment Compensation Board of Review (Board) denying benefits pursuant to the provisions of Section 402(b)(1) of the Unemployment
[ 52 Pa. Commw. Page 539]
Compensation Law (Law), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(b)(1). We affirm.
Claimant was last employed by the City of Philadelphia as a hospital aide at the Philadelphia Riverview Home for the Aged; his last day of work was March 30, 1978. The Bureau (now Office) of Employment Security (Bureau) issued a determination denying compensation on grounds claimant voluntarily terminated his employment without a cause of compelling and necessitous nature. After a hearing before a referee, the Bureau's determination was reversed. Employer appealed; and the Board, without taking additional evidence, issued the order here appealed reversing the referee's decision.
In his brief on appeal, claimant presents the following single question: "Can the [Board] reverse the order of the Appeals Referee who had heard all of the testimony, questioned all of the witnesses in person, and conducted a full trial, and who sat as both judge and jury?" While we can appreciate a claimant's frustration following a decision of the Board reversing a favorable referee's decision, the answer to the question posed is clearly in the affirmative. "Indisputably, the Board is the ultimate fact-finding body empowered to resolve conflicts in evidence, to determine the credibility of witnesses, and to determine the weight to be accorded to evidence." Rodriguez v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 65, 67, 408 A.2d 1191, 1191-92 (1979). See also Sun Oil Co. v. Unemployment Compensation Board of Review, 48 Pa. Commonwealth Ct. 21, 408 A.2d 1169 (1979); Miller v. Unemployment Compensation Board of Review, 45 Pa. Commonwealth Ct. 539, 405 A.2d 1034 (1979).
Claimant cites a line of workmen's compensation cases to support his position which, in the context of
[ 52 Pa. Commw. Page 540]
unemployment compensation, are simply inapposite. The distinct statutory programs created by the Law and by The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1 et seq. have evolved with ...