Legal Opinion · Concurrence

Gibson v. Workers' Compensation Appeal Board

Supreme Court of Pennsylvania

Decided November 22, 2004No. 39 WAP 2003Published

1ConcurrenceJustice Nigro

I respectfully disagree with the majority that Gregory L. Grier was not competent to testify that he observed materials that he believed to be asbestos when he was working at Appellant Armco Stainless & Alloy Products’ Pittsburgh and Bridgeville steel plants with Patrie Gibson.1 As the majority notes, according to the rules of evidence, a witness is competent to testify about matters of which he has personal knowledge or firsthand experience. See Pa.R.E. 602. In addition, lay witnesses may offer “testimony in the form of opinions or inferences which are rationally based on the perception of…

2Cases cited4 opinions

  1. Rox Coal Co. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2002
  2. Nabisco Brands, Inc. v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2000
  3. Camp Construction Corp. v. Lumber Products Co.Superior Court of Pennsylvania · 1983
  4. Pennsylvania Labor Relations Board v. Elk Motor Sales Co.Supreme Court of Pennsylvania · 1957

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