Opinion

Verbilla v. Workmen's Compensation Appeal Board

  • 668 A.2d 601
  • 1995 Pa. Commw. LEXIS 606
Court
Commonwealth Court of Pennsylvania
Filed
Dec 6, 1995
Status
Published
Author
Doyle
On the bench
Colins, Doyle, Friedman, Kelley, McGinley, Pellegrini, Smith
Cited by
11 cases
Authority
More cited than 19.4%

explaining that "[ajgencies must look beyond the similarities between the issues, evaluate the policies behind the acts, and apply estoppel only where the issues are identical and the actions promote similar policies and rights.”

How later courts described this case

  • explaining that "[ajgencies must look beyond the similarities between the issues, evaluate the policies behind the acts, and apply estoppel only where the issues are identical and the actions promote similar policies and rights.”
  • holding that decisions of unemployment compensation referees are not binding in workers’ compensation proceedings
  • unemployment compensation referee’s factual determination that hospital worker was not abused by patient did not preclude later workmen’s compensation action to decide whether worker was injured in the course of employment because the polices and procedures of the two legal schemes *651 were not similar
  • unemployment compensation referee's factual findings that hospital worker was not abused by patient did not preclude later workmen's compensation proceeding regarding whether worker was injured in the course of employment because the policies and procedures of the two legal schemes were not similar

Written by the judges who cited it.

The opinion

DOYLE, Judge,

dissenting.

I respectfully dissent for the reasons already expressed in my dissenting opinion in Bortz v. Workmen’s Compensation Appeal Board (Reznor Division of FL Industries), 656 A.2d 554 (Pa.Cmwlth.1995) (Doyle, J., dissenting).

SMITH, J., joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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