Sewell v. Workers' Compensation Appeal Board

I respectfully dissent.

It is well settled that in a workers’ compensation proceeding, the WCJ is the ultimate finder of fact. Hayden v. Workmen’s Compensation Appeal Board (Wheeling Pittsburgh Steel Corp.), 83 Pa. Cmwlth. 451, 479 A.2d 631 (1984). Thus, determinations as to witness credibility and evidentiary weight are within the exclusive province of the WCJ and are not subject to appellate review. Id. As the finder of fact, the WCJ is entitled to accept or reject even uncontradicted medical testimony in workers’ compensation case. Sherrill v. Workmen’s Compensation Appeal Board (School…