70 Pa. Commw. 9 | Pa. Commw. Ct. | 1982
Opinion by
Bruder appeals an Unemployment Compensation Board .of Review order affirming a referee’s denial of benefits. We affirm.
Bruder left work after an altercation with his employer over Bruder’s off-hours business activities. The referee found that Bruder had voluntarily quit under Section 402(b).
Bruder contends that he was fired. In a “voluntary quit” case, the burden of proving a right to unemployment compensation rests with the claimant. Walker v. Unemployment Compensation Board of Review, 27 Pa. Commonwealth Ct. 522, 367 A.2d 366 (1976). The referee is the arbiter of credibility. Winder v. Unemployment Compensation Board of Review, 64 Pa. Commonwealth Ct. 339, 439 A.2d 1344 (1982). In that capacity, he concluded that Bruder had not met his burden.
When the burdened party below has not met that burden, our scope of review is limited to determining
Affirmed.
Order
The Unemployment Compensation Board of Review Order No. B-188262, dated October 2, 1980, is hereby affirmed.
Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b).
“Capricious disregard” has been defined as the deliberate disregard of competent testimony which one of ordinary intelligence could not possibly have avoided in reaching the result. Houff Transfer, Inc. v. Unemployment Compensation Board of Review, 40 Pa. Commonwealth Ct. 238, 241, 397 A.2d 42, 44 (1979).