Ellis v. Commonwealth

Dissenting Opinion by

Judge Barry:

I dissent. In this case, as the majority opinion points out, “the Unemployment Compensation Board of Review [Board] made factual findings of its own including that the claimant behaved as the employer described.” The referee had made no such finding concerning whether the claimant was, indeed, guilty of disruptive conduct. The Court then concludes “[t]he employer’s testimony was of course sufficient support for .the board’s finding.” I believe that the conclusion .of the majority is in error. It is true that our cases do say

the unemployment compensation…