Legal Opinion

Newcomer v. Workmen's Compensation Appeal Board

Supreme Court of Pennsylvania

Decided April 22, 1997No. 26 M.D. Appeal Docket 1996PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from a memorandum decision of the Commonwealth Court which reversed in part an order of the Workmen’s Compensation Appeal Board and reinstated an award of total disability benefits and medical expenses for Robert M. Newcomer, appellee.

At issue is the competency of certain expert medical testimony that was relied upon by Newcomer to prove that a workplace accident was the cause of his shoulder disability. Whether the testimony was based on a false medical history is the pivotal question. The factual background of…

2Cases cited4 opinions

  1. Bethenergy Mines, Inc. v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1992
  2. Dillon v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1994
  3. Kozak v. StruthSupreme Court of Pennsylvania · 1987
  4. Markle v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1995

3Cited by55 opinions

  1. Casne v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2008
  2. Cinram Manufacturing, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2009
  3. City of Philadelphia v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2011
  4. American Contracting Enterprises, Inc. v. Workers' Compensation Appeal Board (Hurley)Commonwealth Court of Pennsylvania · 2001
  5. Chik-Fil-A v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2002

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