Legal Opinion · Dissent

Rossa v. Workers' Compensation Appeal Board

Supreme Court of Pennsylvania

Decided December 30, 2003No. 30 EAP 2002Published

1DissentJustice Newman

“O heavens! [is] this □ my true-begotten father.”

William Shakespeare, The Merchant of Venice, act II, sc. 2.

The Majority concludes that a Workers’ Compensation Judge (WCJ) has the authority to determine paternity within the context of a Workers’ Compensation Act (Act)1 benefits *359proceeding, and that paternity must be established by a preponderance of the evidence. Because I believe that paternity determinations must be rendered in the courts of common pleas, I must respectfully dissent.

At common law, a child born out of wedlock was subject to serious social and legal disabilities, with…

2Cases cited16 opinions

  1. John M. v. Paula T.Supreme Court of Pennsylvania · 1990
  2. Cairgle v. AMERICAN R. AND SS CORP.Supreme Court of Pennsylvania · 1951
  3. Cairgle v. American Radiator & Standard Sanitary Corp.Supreme Court of Pennsylvania · 1951
  4. Commonwealth v. DillworthSupreme Court of Pennsylvania · 1968
  5. Commonwealth v. ShepherdSupreme Court of Pennsylvania · 1814

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