# Pitt Ohio Express v. Workers' Compensation Appeal Board

> Supreme Court of Pennsylvania · December 27, 2006 · 590 Pa. 99

URL: https://www.frixlaw.com/law-library/cases/9756599

## Case

- **Full name:** PITT OHIO EXPRESS v. WORKERS' COMPENSATION APPEAL BOARD (WOLFF) Appeal of Duane Wolff
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 27, 2006
- **Citations:** 590 Pa. 99; 912 A.2d 206; 2006 Pa. LEXIS 2511
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Cappy, Castille, Newman, Saylor, Eakin, Baer, Baldwin
- **Cited by:** 26 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/9756599

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9756599. Public record. Not legal advice.