Baksalary v. Smith

MEMORANDUM

LOUIS H. POLLAK, District Judge.

Plaintiff, Paul Sabatine, alleges that defendant, Erie, failed to provide him with a Baksalary special supersedeas hearing in accordance with the Baksalary Consent Decree (approved in Baksalary v. Smith, 591 F.Supp. 1279 (E.D.Pa.1984)). The Consent Decree requires class defendants to provide special supersedeas hearings for class plaintiffs whose workers’ compensation benefits were terminated pursuant to the automatic supersedeas provision of § 413(a) of the Pennsylvania Workers’ Compensation Act. The three-judge panel assigned to the matter referred…