Cunningham v. COM., PENN. ST. POLICE

OPINION

NIX, Chief Justice.

In this case we revisit an issue recently addressed in Palmeri v. Commonwealth of Pennsylvania, Pennsylvania State Police, 508 Pa. 544, 499 A.2d 278 (1985), concerning the burden of proof required to terminate benefits under the Heart and Lung Act, Act of June 28, 1935, P.L. 477 as amended, 53 P.S. § 637 (hereinafter the “Act”). In Palmeri we determined the standard of proof to be that evidence which establishes to a “scientific probability” that the employee’s disability is permanent. Today we re-examine that standard and its practical ramifications.

I

The appellee,…