# Dana Holding Corp. v. Workers' Comp. Appeal Bd.

> Supreme Court of Pennsylvania · May 14, 2019 · 208 A.3d 461

URL: https://www.frixlaw.com/law-library/cases/4396639

## Case

- **Full name:** DANA HOLDING CORPORATION, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (SMUCK), Respondent
- **Court:** Supreme Court of Pennsylvania
- **Decided:** May 14, 2019
- **Citations:** 208 A.3d 461
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4396639

## Opinion text

M.D. Appeal Dkt.
44 MAP 2019

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT

DANA HOLDING CORPORATION, : No. 729 MAL 2018
:
Petitioner :
: Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
v. :
:
:
WORKERS' COMPENSATION APPEAL :
BOARD (SMUCK), :
:
Respondent :

ORDER

PER CURIAM

AND NOW, this 14th day of May, 2019, the Petition for Allowance of Appeal is

GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all

remaining issues. The issues, as stated by Petitioner, are:

1. Whether the Commonwealth Court erred in applying the [Protz II]
standard to the case on appeal at the time of this Court’s decision
retroactive to the date of the IRE instead of as of the date of the Supreme
Court changed in the law?

2. Whether the Commonwealth Court’s failure to grant the employer
credit for the three year period between the date of the IRE evaluation and
the date of this Court’s decision in [Protz II] unlawfully violates Employer’s
constitutional right pursuant to the “Due Course of Law” provisions of the
Pennsylvania Constitution Article I, Section 11?

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4396639. Public record. Not legal advice.