Legal Opinion · Dissent

Graves v. Workmen's Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided December 8, 1995Published

1DissentDoyle, Judge

Respectfully, I dissent.

The only authority the majority cites for the proposition that claimant’s status as an escapee should preclude him from receiving worker’s compensation benefits is that to allow such a result “shocks the conscience.” In my view, that is simply not authority, and denying a claimant benefits on those grounds frustrates the clear intent of the Workers’ Compensation Act.1

Even the majority must allow that under a strict causation analysis claimant would be entitled to benefits. Phrased differently, the majority admits that if we follow Section 301(a) of the Workers’…

2Cases cited5 opinions

  1. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  2. Banic v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1995
  3. Kovalchick Salvage Co. v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1986
  4. Franks v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1992
  5. Webber v. Midway BoroughSuperior Court of Pennsylvania · 1965

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