Bailey v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. Contrary to the majority opinion, I believe that Workers’ Compensation Judge Carl Lorine (WCJ *324Lorine) committed clear error in holding Stephen Bailey (Claimant) to an elevated burden of proof in his reinstatement petition and, as a consequence, also failed to make necessary credibility determinations.

In this case, Claimant sustained a work-related injury to his left knee on October 20, 1999, and received disability benefits pursuant to a notice of compensation payable issued by U.S. Airways (Employer). Claimant returned to work for…