Acme Markets, Inc. v. WORKMEN'S COMPENSATION APPEAL BOARD (ANNETTE PILVALIS)

I must respectfully disagree with the majority opinion’s analysis of the referee’s actions in this case. The referee did no more than decide as a question of fact that the *410claimant was not capable of performing the jobs to which she was referred by the employer. Such a credibility determination is clearly within the province of the referee and beyond our review. I would affirm the order of the Board and thus must dissent.

As I believe the referee’s determinations concerning credibility are crucial to the outcome of this case, I find it necessary to quote the entire decision of the referee.

FINDI…