Dowhower v. WCAB (Capco Contracting) (Summary Disposition)

Annotate this Case

Download PDF

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT PAUL DOWHOWER, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (CAPCO CONTRACTING), Respondents : : : : : : : : : : : : No. 542 MAL 2003 Petition for Allowance of Appeal from the Opinion of the Commonwealth Court at 1667 CD 2002, dated May 13, 2003 affirming the order of the Workers Compensation Appeal Board at A00-1012, A00-2627, A00-2810, A01-0992 dated June 13, 2002 ORDER PER CURIAM DECIDED: April 19, 2006 AND NOW, this 19th day of April, 2006, the Petition for Allowance of Appeal in the above-captioned matter is hereby GRANTED and the order of the Commonwealth Court in this matter is VACATED and REVERSED based on the decision in Gardner v. Workers Compensation Appeal Board (Genesis Health Ventures), 888 A.2d 758 (Pa. 2005). Mr. Justice Saylor dissents, as he is of the view that Gardner does not address an employer s ability to request an IRE prior to the 104-week period set forth in Section 306 (a.2)(1) of the Workers Compensation Act. See 77 P.S. §511.2(1). He would grant the Petition for Allowance of Appeal to allow for full briefing and argument before resolution of this specific issue. Madame Justice Newman joins Mr. Justice Saylor s dissent.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.