Legal Opinion · Concurring in part, dissenting in part

Goodwill Industries v. Unemployment Compensation Board of Review

Commonwealth Court of Pennsylvania

Decided November 23, 1993No. 2301 C.D. 1992Published

1Concurring in part, dissenting in partSmith, Judge

I concur in the Majority’s decision to deny consideration of the First Amendment argument presented for the first time in the appeal before this Court. However, I dissent from a *155reversal of the Unemployment Compensation Board of Review’s decision to grant benefits to Claimant.

Since no constitutional issues are before the Court, the scope of review in this matter is limited to determining whether an error of law was committed or whether the Board’s findings of fact are supported by substantial evidence. Because the Board is the ultimate factfinder with the power to substitute its judgment for…

2Cases cited5 opinions

  1. Peak v. Commonwealth, Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1985
  2. Bethenergy Mines, Inc. v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1992
  3. Boyer v. Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1982
  4. Kelley v. Commonwealth, Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 1983
  5. Groskin v. CommonwealthCommonwealth Court of Pennsylvania · 1987

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