Legal Opinion

Russell v. Workmen's Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided December 2, 1988No. Appeal 2159 C.D. 1986PublishedCited by 396 opinions

1Opinion of the Court

Opinion by

Judge Smith,

David Russell (Claimant) appeals from a decision of the Workmens Compensation Appeal Board (Board) which affirmed the referees decision dismissing Claimant’s petition for reinstatement of compensation under The Pennsylvania Workmen’s Compensation Act (Act). Issues raised for review are whether the referee’s alleged misinterpretation of the medical report submitted on Claimant’s behalf constitutes a capricious disregard of competent evidence, and whether the referee enjoys complete, unfettered discretion to reject unrebutted medical opinion. The Board’s decision is…

2Cases cited13 opinions

  1. Estate of McGovern v. Commonwealth, State Employees' Retirement BoardSupreme Court of Pennsylvania · 1986
  2. Kirkwood v. UN. COMP. BD. OF REV.Commonwealth Court of Pennsylvania · 1987
  3. Barrett v. Otis Elevator Co.Supreme Court of Pennsylvania · 1968
  4. Halaski v. Hilton HotelSupreme Court of Pennsylvania · 1979
  5. Farquhar v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1987

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3Cited by396 opinions

  1. Worker's Compensation Claim of Dale v. S & S Builders, LLCWyoming Supreme Court · 2008
  2. Leon E. Wintermyer, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2002
  3. Pieper v. Ametek-Thermox Instruments DivisionSupreme Court of Pennsylvania · 1990
  4. Worker's Compensation Claim of Newman v. State Ex Rel. Wyoming Workers' Safety & Compensation DivisionWyoming Supreme Court · 2002
  5. Morey v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1996

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