Rag (Cyprus) Emerald Resources, LP v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. The majority holds that Ronald A. Hopton’s (Claimant) psychic injury was not caused by abnormal working conditions because: (1) Claimant had an injured psyche and was predisposed to mental problems; (2) homosexual harassment is (normal in the mining industry); and (3) Claimant cited only three incidents of homosexual harassment over an eight-day period. (Majority op. at 12.) However, I submit that the majority’s holding is contrary to case law and, moreover, ignores the credibility determinations and findings of fact made by the…