Legal Opinion · Dissent

Biagini v. Workmen's Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided October 5, 1993No. 1071 C.D. 1992Published

1DissentSmith, Judge

I dissent from the Majority’s holding that Claimant failed to demonstrate his due process rights were violated in this case. This Court has consistently recognized the principle that the constitutional guarantee of due process of law applies equally to administrative agency proceedings, Begis v. Industrial Board of the Department of Labor and Industry, 9 Pa.Commonwealth Ct. 558, 308 A.2d 643 (1973), and further that due process also includes the requirement that a litigant know how the proceedings will be conducted. See Department of Health v. Brownsville Golden Age Nursing Home, Inc., 103…

2Cases cited23 opinions

  1. Morgan v. United StatesSupreme Court of the United States · 1936
  2. Peak v. Commonwealth, Unemployment Compensation Board of ReviewSupreme Court of Pennsylvania · 1985
  3. Utica Mutual Insurance Company v. Merle D. Vincent, Jr., Regional Director of the Third Region of the National Labor Relations BoardCourt of Appeals for the Second Circuit · 1967
  4. Arena v. Packaging Systems Corp.Supreme Court of Pennsylvania · 1986
  5. Begis v. Industrial Board of the Department of Labor & IndustryCommonwealth Court of Pennsylvania · 1973

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