Legal Opinion

Rossa v. Workers' Compensation Appeal Board

Supreme Court of Pennsylvania

Decided December 30, 2003No. 30 EAP 2002PublishedCited by 12 opinions

1Opinion of the Court

OPINION

JUSTICE LAMB.

In this appeal we are asked to answer the following questions: does a Workers’ Compensation Judge (WCJ) have the authority to determine paternity in a proceeding under the Workers’ Compensation Act1 (Act) and, if so, what evidentiary standard must be met in order to prove paternity?2 For the reasons that follow, we hold that a WCJ does have the authority to determine paternity, not for all purposes, but for purposes of determining the eligibility of a child for benefits and that such eligibility must be established by a preponderance of the evidence. Because Appellee…

2Cases cited20 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Bethenergy Mines, Inc. v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1992
  3. Leon E. Wintermyer, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2002
  4. Phillips v. A-Best Products Co.Supreme Court of Pennsylvania · 1995
  5. Cairgle v. AMERICAN R. AND SS CORP.Supreme Court of Pennsylvania · 1951

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3Cited by12 opinions

  1. McNeil v. JordanSupreme Court of Pennsylvania · 2006
  2. Jeanes Hospital v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2005
  3. Hendricks v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2006
  4. Carmelo v. Mickletz (In re Mickletz)United States Bankruptcy Court, E.D. Pennsylvania · 2016
  5. Bingnear v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2008

7 more not listed; retrieve them via the Exa API.

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