Legal Opinion · Concurrence

Leon E. Wintermyer, Inc. v. Workers' Compensation Appeal Board

Supreme Court of Pennsylvania

Decided December 10, 2002No. 41 MAP 2001Published

1ConcurrenceCappy, Justice

I join the majority opinion. I write separately for two reasons: first, to clarify my understanding of the proper place for the capricious disregard standard in the overarching statutory framework that governs appellate review of an agency’s *207adjudication, and second, to emphasize the narrow circumstances in which review for a capricious disregard of the evidence will lead to the reversal of an agency’s decision.

To set forth my understanding of where review for a capricious disregard of the evidence fits within the spectrum of appellate review, a brief discussion of the statutory framework…

2Cases cited3 opinions

  1. Fraternal Order of Police v. Pennsylvania Labor Relations BoardSupreme Court of Pennsylvania · 1999
  2. Wilson Area School District v. Easton HospitalSupreme Court of Pennsylvania · 2000
  3. James J. v. Pennsylvania State PoliceSupreme Court of Pennsylvania · 1993

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API