GOULD v. ZENITH PRODUCTS CORP., N09A-12-016 DCS (Del.Super. 9-22-2010)

CLYDE GOULD, Appellant, v. ZENITH PRODUCTS CORP., Appellee, and UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellee.

C.A. No. N09A-12-016 DCS.Superior Court of Delaware, New Castle County.Submitted: September 21, 2010.
Decided: September 22, 2010.

Upon Appeal From a Decision and Order of the Unemployment Insurance Appeal Board. AFFIRMED.

Clyde Gould, pro se Appellant.

Kathleen T. McDonough, Esquire, and Sarah E. DiLuzio, Esquire, Wilmington, Delaware, Attorneys for Zenith Products Corporation.

Philip G. Johnson, Deputy Attorney General, Wilmington, Delaware, Attorney for Unemployment Insurance Appeal Board.

OPINION
STREETT, Judge.

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the credibility of witnesses.”[1] It is not the function of this Court to weigh evidence, make its own factual findings, or determine credibility of witnesses on appeal. In accordance with the Board’s findings, this Court holds that the evidence is legally sufficient to support the Board’s factual finding that Gould was terminated for “just cause.” Absent a showing of legal error on the part of the Board, the reviewing Court must affirm the Board’s decision on appeal. Because the record does not indicate any errors of law on the part of the Board, this Court will not challenge its findings.

Accordingly, this Court finds that the decision of the Unemployment Insurance Appeal Board, finding that Gould was terminated for “just cause” and denying unemployment compensation benefits pursuant to 19 Del. C. § 3314(2), is based upon substantial evidence and contains no legal error.

CONCLUSION
For the foregoing reasons, the decision of the Unemployment Insurance Appeal Board is hereby AFFIRMED.

It is So ORDERED.

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