Opinion

McGee v. L. F. Grammes & Sons, Inc.

  • 477 Pa. 143
  • 383 A.2d 864
  • 1978 Pa. LEXIS 869
Court
Supreme Court of Pennsylvania
Filed
Mar 23, 1978
Status
Published
Author
Pomeroy
On the bench
Eagen, O'Brien, Pomeroy, Nix, Manderino, Roberts
Cited by
19 cases
Authority
More cited than 10.5%

The opinion

POMEROY, Justice,

dissenting.

The referee ordered suspension of the compensation agreement between appellant and her employer based upon his determination that the original injury could no longer be identified as the cause of appellant’s present disability. * The record supports the conclusion that the employer had met its burden of proof in this respect and that the referee’s finding was supported, as the Board found, by “competent medical evidence of record.” I see no reason for this Court to disturb the decisions of the referee, the Workmen’s Compensation Appeal Board and a unanimous Commonwealth Court. See McGee v. Workmen’s Compensation Appeal Board, et al, 18 Cmwlth. 452, 336 A.2d 458 (1975). I would accordingly affirm.

. Among the referee’s findings of fact were the following:

“7. The Claimant is able to perform most manual occupations, and could do so as of 26 November 1968.

“8. There is absence of proof that the failure to bring her thumb to the forefinger is causally related to the Claimant’s work injury.

“9. The cause of pain experienced by the Claimant in her right thumb cannot be established with reasonable medical certainty.”

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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