Legal Opinion · Dissent

Beres v. Workmen's Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided June 21, 1991No. 1761 C.D. 1990Published

1DissentKelley, Judge

I respectfully dissent. We have consistently held that it is the duty of this Court to remand a workmen’s compensa*503tion case when the order appealed from is contradictory, ambiguous, and where the referee fails to make findings which are sufficiently specific to reach the legal conclusions necessary to dispose of the case. See Port Authority of Allegheny County v. Workmen’s Compensation Appeal Board (Hamilton), 95 Pa.Commonwealth Ct. 594, 505 A.2d 1372 (1986), and cases cited therein.

As the majority explains, a modification petition involves a shifting burden of proof. The employer must first…

2Cases cited2 opinions

  1. Kachinski v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1987
  2. Port Authority v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1986

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