McGarry v. Workmen's Compensation Appeal Board

I respectfully dissent because I would hold that a referee’s rejection of a witness’s testimony constitutes a referee’s determination that the witness’s testimony is not credible.

In innumerable workmen’s compensation opinions, the appellate courts of Pennsylvania have consistently referred to a referee’s acceptance or rejection of a particular witness’s testimony as the referee’s evaluation of that witness’s credibility. Typical of these opinions are Gateway Coal Co. v. Workmen’s Compensation Appeal Board (Laboda), 138 Pa. Commonwealth Ct. 332, 588 A.2d 73 (1991), petition for allowance of…