# Republic Steel Corp. v. Workmen's Compensation Appeal Board

> Supreme Court of Pennsylvania · April 22, 1994 · 537 Pa. 32

URL: https://www.frixlaw.com/law-library/cases/9650120

## Case

- **Full name:** REPUBLIC STEEL CORPORATION, Appellant, v. WORKMEN’S COMPENSATION APPEAL BOARD (PETRISEK), Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** April 22, 1994
- **Citations:** 537 Pa. 32; 640 A.2d 1266; 1994 Pa. LEXIS 110
- **Precedential status:** Published
- **Opinion:** Dissent by Papadakos
- **Judges:** Nix, Flaherty, Zappala, Papadakos, Cappy, Castille, Montemuro, Docket, Larsen, Oct
- **Cited by:** 87 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9650120

## How later opinions describe it (automated extraction)

- finding that a claimant who had voluntarily retired was not entitled to benefits under the Act

## Opinion text

PAPADAKOS, Justice,
dissenting.
At the very least, under the majority’s theory of the case, I would remand this matter to the referee for a determination as to whether or not the Claimant, after voluntarily retiring in 1981 from his career employment, ever intended to re-enter the workforce in any other capacity. I would not create an automatic presumption that voluntary retirement at a particular age means that one never intends to work again in any other endeavor.
On a more fundamental level, I believe the majority is wrong in their loose reading of our Workmen’s Compensation Act. Nowhere does it say that retirement makes one ineligible for benefits. How could it when there are today few age bars to gainful employment? The majority decision is also contrary to comparable federal law. Under the Mine Safety and Health Act, 30 U.S.C.A. § 801 , et seq., retirement before becoming totally disabled by pneumoconiosis does not deprive a miner of benefits. See, Palmer Coking Coal Co. v. Director, Office of Worker’s Compensation Programs of U.S. Department of Labor, 720 F.2d 1054 (C.A.9 1983).
In light of the instant employer’s failure to show available work, I would affirm the decision of the Commonwealth Court awarding benefits.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9650120. Public record. Not legal advice.