Opinion

Westinghouse Electric Corp./CBS v. Workers' Compensation Appeal Board

  • 883 A.2d 579
Court
Supreme Court of Pennsylvania
Filed
Sep 29, 2005
Status
Published
Author
Eakin
On the bench
Baer, Cappy, Castille, Eakin, Newman, Nigro, Saylor
Cited by
41 cases
Authority
More cited than 19.6%

holding that a petition seeking to add a psychiatric condition to a previously accepted back injury from over ten years prior was governed by the limitations period of Section 413(a) because the later injury “arose as a direct result of” the earlier injury

How later courts described this case

  • holding that a petition seeking to add a psychiatric condition to a previously accepted back injury from over ten years prior was governed by the limitations period of Section 413(a) because the later injury “arose as a direct result of” the earlier injury
  • “[A] statute of repose may also prevent the accrual of a cause of action where the final element necessary for its creation occurs beyond the time period established by the statute. At the end of the time period specified in the statute, the cause of action ceases to exist, unless the claimant can bring himself within any tolling provision enunciated in that statute.”
  • “A statute of limitations is procedural and extinguishes the remedy rather than the cause of action.”

Written by the judges who cited it.

The opinion

Justice EAKIN,

Concurring.

While I dissented in Jeanes Hospital v. Workers’ Comp. Appeal Bd. (Hass), 872 A.2d 159 (Pa.2005), the majority of my colleagues were of the opposite position, making that the law of the Commonwealth; hence I join the Majority Opinion herein.

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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