Opinion

Kennelty v. Workers' Compensation Appeal Board

  • 594 Pa. 12
  • 934 A.2d 692
  • 2007 Pa. LEXIS 2379
Court
Supreme Court of Pennsylvania
Filed
Nov 14, 2007
Status
Published
On the bench
Saylor
Cited by
2 cases
Authority
More cited than 63.2%

The opinion

*13

ORDER

PER CURIAM.

AND NOW this 14th day of November 2007, the Petition for Allowance of Appeal is granted. The order of the Commonwealth Court dated May 31, 2006, is reversed. The WCJ determined that the testimony of the employees of Schwan’s Home Service, Inc., was credible to the extent they testified that the frequency of occurrences of work-related incidents experienced by Petitioner was normal for their specific industry; the Commonwealth Court is not free to disturb this credibility determination based on competent evidence. See Daniels v. WCAB (Tristate Transp.), 574 Pa. 61 , 828 A.2d 1043, 1052 (2003) (holding that the WCJ is the ultimate finder of fact and the exclusive arbiter of credibility and evidentiary weight). See also RAG (Cyprus) Emerald Resources, L.P. v. WCAB (Hopton), 590 Pa. 413 , 912 A.2d 1278 (2007) (holding that the aggravation of a pre-existing psychic injury by a psychic stimulus is compensable pursuant to workers’ compensation laws only where credible evidence demonstrates that such injury stems from an abnormal working condition). Additionally, Employer’s Petition for Supersedeas is denied as moot.

Justice SAYLOR filed a Concurring Statement.

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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