Legal Opinion · Concurring in part, dissenting in part

Glaze v. Workers' Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided March 1, 2012Published

1Concurring in part, dissenting in part

*210CONCURRING AND DISSENTING OPINION by

Judge McCULLOUGH.

While I concur in the majority’s decision that the WCJ’s orders in these cases should be vacated and remanded to the WCJ, I do so only because of the WCJ’s error of law in concluding that Section 204(a) required testimony as to how much the Employer contributed to any specific individual’s pension benefits. The Hensal case clearly holds that such testimony is not required in the context of a defined benefit plan, and inasmuch as the Supreme Court denied the appeal of this Court’s decision in Hensal, we are obliged by the doctrine of stares…

2Cases cited1 opinion

  1. Glaze v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2012

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