describing capricious disregard as a deliberate disregard of competent evidence which one of ordinary intelligence could not possibly have avoided in reaching a result
How later courts described this case
- describing capricious disregard as a deliberate disregard of competent evidence which one of ordinary intelligence could not possibly have avoided in reaching a result
- “it is not within the province of a reviewing court to make findings of fact, but rather the reviewing court must take as true the evidence and all reasonable inferences therefrom supporting the decisions of the Board. Stated otherwise, the findings of fact of the Board are conclusive on appeal-”
- Board’s adjudication must be affirmed if supported by substantial evidence
Written by the judges who cited it.
The opinion
LARSEN, J.,
dissents on the basis of the Commonwealth Court opinion authored by Judge CRAIG, Arena v. Workmen’s Compensation Appeal Board (Packaging Systems Corp.), 85 Pa.Commw. 553, 483 A.2d 577 (1984).
JUDGMENT
ON CONSIDERATION WHEREOF, it is now hereby ordered and adjudged by this Court that the Order of the Commonwealth Court is reversed and the Order of the Workmen’s Compensation Appeal Board is reinstated.