Opinion

McConway & Torley Corp. v. Workmen's Compensation Appeal Board

  • 669 A.2d 1114
  • 1996 Pa. Commw. LEXIS 12
Court
Commonwealth Court of Pennsylvania
Filed
Jan 8, 1996
Status
Published
Author
Doyle
On the bench
Doyle, Friedman, Silvestri
Cited by
0 cases

The opinion

DOYLE, Judge,

concurring and dissenting.

I concur with the majority in all but the disposition of the review petition, and from that disposition I respectfully dissent. In this respect I believe that the majority has usurped the function of the Workers’ Compensation Judge (WCJ) who, while generally rejecting the conflicting medical opinions of both Dr. Canner and Dr. Mauthe, nevertheless obviously accepted the unequivocal evidence that (a) there was a tumor, (b) Dr. Canner found the tumor in exactly the same place where he found scar tissue which was the result of Diaz’s work-related injury, and (e) there was no evidence of the tumor before the work-related injury. I specifically disagree with the conclusion of the majority (op. page 1117) that “the fact that Diaz never had problems with his right knee prior to his work incident ... is of no consequence.” The majority in reaching this conclusion usurps the most critical function of the WCJ who concluded that the tumor was obviously caused by the work injury, because it was not there before that injury.

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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