Sexton v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

JUDGE BUTLER

I respectfully dissent from the majority opinion in this matter. Because I agree that the Workers’ Compensation Appeal Board (Board) erred in reversing the order of the Workers’ Compensation Judge (WCJ) for a new utilization review, I would reverse the decision of the Board.

The purpose of the Workers’ Compensation Act as a whole is “to benefit the workers of this Commonwealth; therefore, its provisions must be liberally construed to effectuate its humanitarian objectives, and borderline interpretations are construed in the injured party’s favor.” Gillette v.…