Legal Opinion · Dissent

Kaminski v. Workmen's Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided March 18, 1988No. Appeal, No. 766 C.D. 1987Published

1Dissent

Dissenting Opinion by

Judge Barry:

I must respectfully dissent as to that portion of the opinion affirming the order of the Board. It is my belief that the testimony of employers medical expert, Dr. Shatouhy, does not constitute substantial evidence to support the referees finding that claimants work-related disability had ceased as of the date that she executed the final receipt. This doctor testified that claimant had completely recovered from any injury she may have had as of the date he examined her, which was a little more than four months after the date claimant signed the final receipt.…

2Cases cited2 opinions

  1. Dunmore School District v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1985
  2. Keystone Bakery, Inc. v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1985

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