Pitt Ohio Express v. WCAB (Wolff), Appeal of: Duane Wolff (Concurring Opinion)
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[J-107-2006] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT PITT OHIO EXPRESS v. WORKERS' COMPENSATION APPEAL BOARD (WOLFF) APPEAL OF: DUANE WOLFF : : : : : : : : : : : No. 54 WAP 2005 Appeal from the Order of the Commonwealth Court entered May 4, 2005 at No. 2430 CD 2004, reversing the Order of the Workers' Compensation Appeal Board entered on October 14, 2004 at A04-0275. ARGUED: September 11, 2006 CONCURRING OPINION MR. JUSTICE SAYLOR DECIDED: DECEMBER 27, 2006 I concur in the result. I would emphasize that, in this case, the claimant s refusal to follow through on the initial offer of employment was not based upon a recommendation by his treating physician. Although the majority phrases its holding in broad terms, I question whether it should extend to circumstances in which a claimant reasonably relies on a physician s medical advice. This would seem to militate against affording an indeterminate preclusive effect to a finding of bad faith, even though the doctor s conclusions might later be rejected by a workers compensation judge in light of conflicting medical evidence adduced in the workers compensation proceedings.
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