Opinion

Romaine v. Workers' Compensation Appeal Board

  • 587 Pa. 471
  • 901 A.2d 477
  • 2006 Pa. LEXIS 1016
Court
Supreme Court of Pennsylvania
Filed
Jun 22, 2006
Status
Published
Author
Cappy
On the bench
Cappy, Castille, Newman, Saylor, Eakin, Baer, Baldwin
Cited by
19 cases
Authority
More cited than 9.0%

observing that the Romaine Court majority effectively recast as a statute of repose a provision that was previously understood as a statute of limitations, without reference to the previous decisions

How later courts described this case

  • observing that the Romaine Court majority effectively recast as a statute of repose a provision that was previously understood as a statute of limitations, without reference to the previous decisions
  • opining that Section 413(a) operates to bar both rights and remedies, and thus, sets forth a non-waivable defense

Written by the judges who cited it.

The opinion

Chief Justice CAPPY

concurring.

I join the majority opinion in all respects save for its discussion of the allocation of the burden of proof regarding satisfaction of the statute of limitations found in Section 413 of the Workers’ Compensation Act. I join Justice Saylor’s Concurring Opinion with respect to this point. Indeed, as noted by Justice Saylor, the majority’s assertion that Section 413 “operates as a bar to the right as well as the remedy,” Majority Op. at 486, 901 A.2d at 485, implying it is a statute of repose, is in direct contravention of this Court’s prior and still-standing precedent. Smith v. WCAB (Concept Planners & Designers), 543 Pa.295, 670 A.2d 1146, 1148-49 (1996) (holding Section 413(a) to be a statute of limitations as “it operates in a *489 way that, practically speaking, extinguishes a remedy rather than a right”).

Justice EAKIN joins this concurring opinion.

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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