Lewis v. Workmen's Compensation Appeal Board

Dissenting Opinion by

Judge Barbieri:

I must dissent because it is clear to me that the testimony of the only medical witness in this case, read as a whole, contains opinion statements that are sufficiently positive to support the referee’s finding that a medical or causal relationship exists between the aggravating injury and the disc conditions, and that, therefore, the Workmen’s Compensation Appeal Board erred in reversing the referee’s award. Accordingly, I would reverse and reinstate the referee’s decision.

While it is true that some statements in the testimony of Dr. Narayan T. Nayak,…