"Reliance on [ General Electric Company v. W.C.A.B. (Myers) , 578 Pa. 94 , 849 A.2d 1166 (2004) (plurality),] is problematic, as it was a plurality decision and is not binding precedent."
How later courts described this case
- "Reliance on [ General Electric Company v. W.C.A.B. (Myers) , 578 Pa. 94 , 849 A.2d 1166 (2004) (plurality),] is problematic, as it was a plurality decision and is not binding precedent."
Written by the judges who cited it.
The opinion
concurring.
I concur in the result. I would emphasize that, in this case, the claimant’s refusal to follow through on the initial offer of employment was not based upon a recommendation by his treating physician. Although the majority phrases its holding in broad terms, I question whether it should extend to circumstances in which a claimant reasonably relies on a physician’s medical advice. This would seem to militate against affording an indeterminate preclusive effect to a finding of bad faith, *105 even though the doctor’s conclusions might later be rejected by a workers’ compensation judge in light of conflicting medical evidence adduced in the workers’ compensation proceedings.