Opinion

Berwick Industries v. Workmen's Compensation Appeal Board

  • 537 Pa. 326
  • 643 A.2d 1066
  • 1994 Pa. LEXIS 162
Court
Supreme Court of Pennsylvania
Filed
May 24, 1994
Status
Published
Author
Papadakos
On the bench
Nix, Larsen, Flaherty, Zappala, Papadakos, Cappy, Montemuro
Cited by
22 cases

“[Sjection 315 is a statute of repose, which completely extinguishes a substantive right where the claimant has failed to file an action to enforce that right within the prescribed period.”

How later courts described this case

  • “[Sjection 315 is a statute of repose, which completely extinguishes a substantive right where the claimant has failed to file an action to enforce that right within the prescribed period.”
  • extolling statutes of repose as “favored in the law” because they “promote repose by giving security and stability to human affairs”
  • “[Sjection 315 is a statute of repose, which completely extinguishes a substantive right where the *535 claimant has failed to file an action to enforce that right within the prescribed period.”

Written by the judges who cited it.

The opinion

PAPADAKOS, Justice,

concurring.

I join the majority opinion because it is just common sense that you cannot claim medical expenses for an injury you cannot prove ever existed. As the majority points out, the legislature has not created a separate time frame in which to claim medical expenses separate and apart from all other losses that may arise from work-related injuries.

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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