Opinion

Landis v. Workmen's Compensation Appeal Board

  • 515 Pa. 41
  • 526 A.2d 778
  • 1987 Pa. LEXIS 727
Court
Supreme Court of Pennsylvania
Filed
Jun 8, 1987
Status
Published
Author
Hutchinson
On the bench
Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
Cited by
4 cases
Authority
More cited than 7.1%

holding that the claimant failed to show a greater incidence of histoplasmosis, an eye disease, in poultry work

How later courts described this case

  • holding that the claimant failed to show a greater incidence of histoplasmosis, an eye disease, in poultry work
  • remanding the matter to the WCAB for a new hearing to determine whether the claimant’s eye disease constituted an “injury” under section 301(c)(1) and Pawlosky

Written by the judges who cited it.

The opinion

HUTCHINSON, Justice,

dissenting.

I agree with the majority’s determination that this claimant failed to show a substantially greater risk of contracting ocular histoplasmosis in the poultry industry and thus failed to meet the requirements of section 108(n) of the Workmen’s Compensation Act. However, I disagree with its remand for purposes of determining whether this claimant could recover under section 301(c) of the Act for the reasons set forth in my dissenting opinion in Pawlosky v. Workmen’s Compensation Appeal Board, 514 Pa. 450 , 525 A.2d 1204 (1987).

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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