Opinion

Sewell v. Workers' Compensation Appeal Board

  • 772 A.2d 93
  • 2001 Pa. Commw. LEXIS 37
Court
Commonwealth Court of Pennsylvania
Filed
Jan 26, 2001
Status
Published
Author
Kelley
On the bench
Kelley, Rodgers, Smith
Cited by
5 cases
Authority
More cited than 19.5%

reversing a Board decision in part where testimony that the WCJ credited, opining that work-related trauma set the claimant’s degenerative arthritis in motion, supported only an award of benefits to the claimant

How later courts described this case

  • reversing a Board decision in part where testimony that the WCJ credited, opining that work-related trauma set the claimant’s degenerative arthritis in motion, supported only an award of benefits to the claimant
  • reversing the denial of a claim petition on the ground that the WCJ’s decision was unsupported by substantial evidence; remanding solely to determine “an appropriate award of benefits”
  • reversing a Board decision because the testimony credited by the WCJ, that the work injury set the claimant’s degenerative arthritis in motion, supported only an award of benefits
  • “[e]xpert medical testimony is not rendered incompetent merely because it is premised upon the expert’s assumption of the truthfulness of information provided, unless that information is not proven by competent evidence or is rejected by the WCJ.”

Written by the judges who cited it.

The opinion

KELLEY, Judge,

dissenting.

I respectfully dissent.

It is well settled that in a workers’ compensation proceeding, the WCJ is the ultimate finder of fact. Hayden v. Workmen’s Compensation Appeal Board (Wheeling Pittsburgh Steel Corp.), 83 Pa. Cmwlth. 451, 479 A.2d 631 (1984). Thus, determinations as to witness credibility and evidentiary weight are within the exclusive province of the WCJ and are not subject to appellate review. Id. As the finder of fact, the WCJ is entitled to accept or reject even uncontradicted medical testimony in workers’ compensation case. Sherrill v. Workmen’s Compensation Appeal Board (School District of Philadelphia), 154 Pa.Cmwlth. 492 , 624 A.2d 240 (1993). See also Daniels v. Workers’ Compensation Appeal Board (Tristate Transport), 753 A.2d 293 (Pa.Cmwlth.), petition for allowance of appeal granted, 563 Pa. 552 , 763 A.2d 369 (2000) (It is patently beyond Commonwealth Court’s statutory scope of review to reject WCJ’s credibility determinations on appeal and to make new findings of fact based on evidence in the certified record; rather, this Court’s review of the factual findings is limited to determining whether they are supported by substantial evidence.).

In reversing the Board’s order in this case, the majority reviews the credibility determinations made by the WCJ. Such an examination is patently beyond this Court’s scope of review. Accordingly, I must respectfully 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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