Legal Opinion

Erisco Industries, Inc. v. Workers' Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided September 3, 2008No. 657 C.D. 2008PublishedCited by 5 opinions

1Opinion of the Court

OPINION BY

President Judge LEADBETTER.

Erisco Industries, Inc. (Employer) petitions for review of the order of the Workers’ Compensation Appeal Board (Board) that reversed the decision of the Workers’ Compensation Judge (WCJ), suspending the total disability benefits of George Lu-vine (Claimant). Employer challenges the Board’s determination, which was based upon the doctrine of collateral estoppel. In a prior claim petition proceeding, this Court held that Employer failed to establish the required chain of custody for Claimant’s drug test sample to support its affirmative defense that…

2Cases cited9 opinions

  1. Office of Disciplinary Counsel v. KiesewetterSupreme Court of Pennsylvania · 2005
  2. Virgo v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2005
  3. Hershberger v. Jersey Shore Steel Co.Supreme Court of Pennsylvania · 1990
  4. Mason v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1995
  5. Stevens v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2000

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

3Cited by5 opinions

  1. Employers Mutual Casualty Co. v. Boiler Erection & Repair Co.Superior Court of Pennsylvania · 2008
  2. Torijano v. Workers' Compensation Appeal Board (In a Flash Plumbing)Commonwealth Court of Pennsylvania · 2017
  3. Cook v. New Castle Area Sch. Dist., Pennsylvania Court of Common Pleas, Lawrence County2011
  4. J.B. Blanda & S.R. Blanda v. The Somerset County Bd. of Assessment AppealsCommonwealth Court of Pennsylvania · 2024
  5. The Pennsylvania State University and The PMA Insurance Group v. WCAB (Hockenbury)Commonwealth Court of Pennsylvania · 2016

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