Cappy, J. - MO
[J-168-2000] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
JOAN SELL,
: : Appellant : : : v. : : : WORKERS’ COMPENSATION APPEAL : BOARD (LNP ENGINEERING), : : Appellees :
No. 60 M.D. Appeal Docket 2000
Appeal from the Order of the Commonwealth Court dated May 14, 1999 at No. 2838 C.D. 1998 affirming the Order of the Workers' Compensation Appeal Board dated October 7, 1998 at No. A973096
ARGUED: December 4, 2000
CONCURRING OPINION
MR. CHIEF JUSTICE FLAHERTY
DECIDED: MAY 22, 2001
Indeed, as stated in the dissent authored by Mr. Justice Zappala, “. . . the majority would seemingly require a claimant to know absolutely the causal relationship between an injury and its work relatedness. . .” I cannot join in that view. On this record the claimant suspected, but did not know of the possible causal connection between her symptoms and the work environment. Suspicion of a possible causality is less than knowledge of it. The record clearly demonstrates a reasonably diligent effort by claimant to ascertain whether her suspicion had medical foundation, eventuating in a medical confirmation of her suspicion on August 31, 1993. I, thus, concur in the result, but not entirely in the rationale as expressed by the majority. Mr. Justice Saylor joins this concurring opinion.
