Commonwealthv. Pulleyn

I cannot agree with the conclusion reached by the majority and, therefore, most respectfully dissent.

In my view, the case relied upon by the majority, Department of Transportation, Bureau of Traffic Safety v. Bailey, 116 Pa.Commonwealth Ct. 312, 541 A.2d 1167 (1988), does not sufficiently support the majority’s position. I note first that the decision in Bailey preceded the filing of the opinion in FMC Corp. v. Workmen’s Compensation Appeal Board (Wadatz), 116 Pa.Commonwealth Ct. 527, 542 A.2d 616 (1988), wherein this Court reaffirmed its holding in Murhon v. Workmen’s Compensation Appeal…