Schreffler v. Workers' Compensation Appeal Board

DISSENTING OPINION

SAYLOR, Justice.

I agree with the opinion announcing the judgment of the Court that one seeking to file a claim petition for personal injury outside the three-year period of repose generally bears the burden of proving that the claim fits a statutory exception such as Section 315’s “in lieu of compensation” tolling clause. See 77 P.S. § 6Q2.1 Further, I join the lead opinion in holding that this tolling provision may be triggered by the voluntary payment of medical expenses and, correspondingly,’ in overruling Paolis v. Tower Hill Connellsville Coke Co., 265 Pa. 291, 108 A.…