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85 Pennsylvania opinions name it 6 courts 1896–2025 7 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gibson v. Workers' Compensation Appeal Boardgreen2 sentences2018Appeal Bd. (Armco Stainless & Alloy Prod.), 861 A.2d 938, 943 (Pa. 2004). 2017Whether Bromley’s workplace hazard exposure was a substantial contributing cause of his bladder cancer. “[I]n the case of a fatal claim petition, [the surviving family member has the burden to prove] that th[e] injury or disease was a substantial contributing cause in bringing about the death of th[e] employee.” Gibson, 861 A.2d at 943 (emphasis added). | 3 | 3 |
Kimberly Clark Corp. v. Workers' Compensation Appeal Boardgreen2 sentences2025Appeal Bd. (Bromley), 161 A.3d 446, 450 (Pa. Cmwlth. 2017). 2021Kimberly Clark, 161 A.3d at 463-64 (emphasis in original). | 2 | 2 |
Thach v. Abington Memorial Hospitalgreen2 sentences2021Commonwealth v. Brown, 111 A.3d 171, 179 (Pa. Super. 2015) (holding petitioner must plead and prove a time-bar exception in the petition to establish jurisdiction). 2019Commonwealth v. Brown, 111 A.3d 171, 179 (Pa. Super. 4 There are also time restrictions on when a petitioner must file a petition after a time-bar-exception claim has arisen. | 2 | 2 |
Duffy v. City of Scranton/Fire Dept.green2 sentences1999See Duffy v. City of Scranton Fire Department, 112 Pa.Cmwlth. 537 , 535 A.2d 756, 758 (1988) (holding that fatal claim benefits may be awarded after the 300-week limitation period expires in cases where the decedent was previously awarded disability benefits for the same or related injury on a lifetime claim petition filed within the limitation period) citing Toffalori v. Donatelli Granite Co., 157 Pa.Super. 311 , 43 A.2d 584 (1945). 1999See Duffy v. City of Scranton Fire Department, 112 Pa.Cmwlth. 537 , 535 A.2d 756, 758 (1988) (holding that fatal claim benefits may be awarded after the 300-week limitation period expires in cases where the decedent was previously awarded disability benefits for the same or related injury on a lifetime claim petition filed within the limitation period) citing Toffalori v. Donatelli Granite Co., 157 Pa.Super. 311 , 43 A.2d 584 (1945). | 2 | 2 |
Toffalori v. Donatelli Granite Co.green2 sentences1999See Duffy v. City of Scranton Fire Department, 112 Pa.Cmwlth. 537 , 535 A.2d 756, 758 (1988) (holding that fatal claim benefits may be awarded after the 300-week limitation period expires in cases where the decedent was previously awarded disability benefits for the same or related injury on a lifetime claim petition filed within the limitation period) citing Toffalori v. Donatelli Granite Co., 157 Pa.Super. 311 , 43 A.2d 584 (1945). 1999See Duffy v. City of Scranton Fire Department, 112 Pa.Cmwlth. 537 , 535 A.2d 756, 758 (1988) (holding that fatal claim benefits may be awarded after the 300-week limitation period expires in cases where the decedent was previously awarded disability benefits for the same or related injury on a lifetime claim petition filed within the limitation period) citing Toffalori v. Donatelli Granite Co., 157 Pa.Super. 311 , 43 A.2d 584 (1945). | 2 | 2 |
Commonwealth v. Whitegreen2 sentences2013But see Commonwealth v. White, 543 Pa. 45, 50 , 669 A.2d 896, 899 (1995) (stating that failure to follow the Edmunds protocol does not constitute a fatal waiver of state constitutional claims); Commonwealth v. Swinehart, 541 Pa. 500 , 509 n. 6, 664 A.2d 957 , 961 n. 6 (1995) (noting that Edmunds factors are "helpful” but not mandatory). 2013But see Commonwealth v. White, 543 Pa. 45, 50 , 669 A.2d 896, 899 (1995) (stating that failure to follow the Edmunds protocol does not constitute a fatal waiver of state constitutional claims); Commonwealth v. Swinehart, 541 Pa. 500 , 509 n. 6, 664 A.2d 957 , 961 n. 6 (1995) (noting that Edmunds factors are "helpful” but not mandatory). | 1 | 3 |
Anderson v. Greenville Boroughgreen2 sentences2021Where there is no surviving spouse, children who are not yet legally independent are directly eligible for death benefits. 77 P.S. § 561; Anderson v. Borough of Greenville, 273 A.2d 512 (Pa. 1971). 5 A fatal claim petition was filed here on July 15, 2017, but the WCJ ultimately deemed it “discontinued and withdrawn as moot” given the agreement by both sides that Claimant’s death was not due to her work-related injuries. 2007See Anderson v. Borough of Greenville, 442 Pa. 11 , 273 A.2d 512 (1971). | 1 | 2 |
Sporio v. Workmen's Compensation Appeal Boardgreen2 sentences2007“However, if the employee filed a lifetime claim, death benefits may be awarded even if the death occurs beyond the three hundred week period because the fatal claim is viewed as a continuation of the original claim.'” Id. at 51, 717 A.2d at 528-29 (emphasis added). 2004Sporio v. Workmen’s Compensation Appeal Board (Songer Construction), 553 Pa. 44 , 717 A.2d 525 (1998). 6 The connection between the original claim and the fatal claim in the present case is underscored by the fact that Dr. Oesterling testified that had he believed that Decedent suffered from coal workers’ pneumo-coniosis, he would have opined that the disease contributed to his death. | 1 | 2 |
Erie Bolt Corp. v. Workers' Compensation Appeal Boardgreen2 sentences2005As the underlying decision of the Commonwealth Court in Elderkin was published, see Erie Bolt Corp. v. WCAB (Elderkin), 777 A.2d 1169 (Pa.Cmwlth.1998), and concerned solely the question of whether the claimant satisfied her burden of proof for a fatal claim petition involving a heart attack that was attributed to work-related stress, this Court’s citation to Davis could only be construed, as it has been by the Commonwealth Court, as extending the abnormal working conditions construct to mental/physical claims involving heart attacks. 2005As the underlying decision of the Commonwealth Court in Elderkin was published, see Erie Bolt Corp. v. WCAB (Elderkin), 777 A.2d 1169 (Pa.Cmwlth.1998), and concerned solely the question of whether the claimant satisfied her burden of proof for a fatal claim petition involving a heart attack that was attributed to work-related stress, this Court's citation to Davis could only be construed, as it has been by the Commonwealth Court, as extending the abnormal working conditions construct to mental/physical claims involving heart attacks. | 1 | 2 |
Moore v. Dodge Steel Co.green2 sentences1991Wilson , 215 Pa.Superior Ct. at 322, 261 A.2d at 341 ; Moore , 206 Pa.Superior Ct. at 248-9, 213 A.2d at 133 . 1967See Moore v. Dodge Steel Co., 206 Pa. Superior Ct. 242, 213 A. 2d 130 . | 1 | 2 |
Hoffmaster v. Workers' Compensation Appeal Board (Senco Products, Inc.)green1 sentence2025Based on the log and counsel’s letter, the WCJ found that Claimant filed the fatal claim petition electronically on May 6, 2016. 9 The relevant inquiry in a substantial evidence analysis is not whether “there is evidence in the record which supports a factual finding contrary to that made by the WCJ” but, rather, “whether there is any evidence which supports the WCJ’s factual finding.” Hoffmaster v. Workers’ Compensation Appeal Board (Senco Products, Inc.), 721 A.2d 1152, 1155 (Pa. Cmwlth. 1998). | 1 | 1 |
City of Scranton v. Workmen's Compensation Appeal Boardgreen1 sentence2023Appeal Bd. (Rideski), 638 A.2d 944, 946 (Pa. 1994). 5 survivors’ benefits, which are obtainable by filing a fatal claim petition . . . . [See] 77 P.S. § 561[.][7] Kinzler, Tr. for Kinzler v. Workers’ Comp. | 1 | 1 |
Fratta v. Workers' Compensation Appeal Boardgreen2 sentences2021Appeal Bd. (Austin Truck Rental), 892 A.2d 888, 893 (Pa. Cmwlth. 2006) (“[I]n situations where there is a fatal claim petition, the deceased employee is never a ‘claimant’. 2021The Act prescribes the computation and recipients of the survivors’ benefits, which are obtainable by filing a fatal claim petition on behalf of the surviving children. 77 P.S. § 561; Fratta, 892 A.2d at 893 (“[I]n situations where there is a fatal claim petition, the deceased employee is never a ‘claimant’. | 1 | 1 |
Erie Insurance v. Bullardgreen1 sentence2020See Bullard, 839 A.2d at 386 . | 1 | 1 |
Commonwealth v. Williamsgreen1 sentence2019See Commonwealth v. Williams, 782 A.2d 517, 526 (Pa. 2001) ("[T]he PCRA requires a petitioner to plead and prove his claim, and, therefore, the dismissal of claims is appropriate where the argument omits any reference to this issue. | 1 | 1 |
Commonwealth v. Rizvigreen1 sentence2019See 42 Pa.C.S.A. § 9545(b)(2)(i) (explaining that the alleged governmental interference must violate the laws and Constitution of this Commonwealth or the United States of America); see also Commonwealth v. Rizvi, 166 A.3d 344, 348-349 (Pa. Super. 2017); Commonwealth v. Bankhead, 2019 WL 3979900 *1, *3 (Pa. Super. | 1 | 1 |
| Commonwealth v. Colliergreen | 1 | 1 |
| MKP Enterprises, Inc. v. Underground Storage Tank Indemnification Boardgreen | 1 | 1 |
| Stockton v. Stocktongreen | 1 | 1 |
| Commonwealth v. Pettusgreen | 1 | 1 |
| Sherrod v. Workmen's Compensation Appeal Boardgreen | 1 | 1 |
| Commonwealth v. Reppertgreen | 1 | 1 |
| Commonwealth v. Edmundsgreen | 1 | 1 |
| Zauflik v. Pennsbury School Districtgreen | 1 | 1 |
| Pennsylvania State University v. Workers' Compensation Appeal Boardgreen | 1 | 1 |
| Baranyai v. Andrezjwskigreen | 1 | 1 |
| Rossa v. Workers' Compensation Appeal Boardgreen | 1 | 1 |
| Brutico v. Workers' Compensation Appeal Boardgreen | 1 | 1 |
| Commonwealth v. Uderragreen | 1 | 1 |
| Bley v. Com., Dept. of Labor & Industrygreen | 1 | 1 |
| Appleby v. Workers' Compensation Appeal Boardgreen | 1 | 1 |
| Lewis v. Commonwealthgreen | 1 | 1 |
| Erie Bolt Corporation v. WORKERS'COMPENSATION APPEAL BOARD (ELDERKIN)green | 1 | 1 |
| Old Republic Insurance v. Workers' Compensation Appeal Boardgreen | 1 | 1 |
| Ryan v. Workman's Compensation Appeal Boardgreen | 1 | 1 |
| Kilvady v. United States Steel Corp.green | 1 | 1 |
| Fortely v. Workmen's Compensation Appeal Boardgreen | 1 | 1 |
| Commonwealth v. Starkgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Commonwealth v. Whitegreen2 sentences2013But see Commonwealth v. White, 543 Pa. 45, 50 , 669 A.2d 896, 899 (1995) (stating that failure to follow the Edmunds protocol does not constitute a fatal waiver of state constitutional claims); Commonwealth v. Swinehart, 541 Pa. 500 , 509 n. 6, 664 A.2d 957 , 961 n. 6 (1995) (noting that Edmunds factors are "helpful” but not mandatory). 2013But see Commonwealth v. White, 543 Pa. 45, 50 , 669 A.2d 896, 899 (1995) (stating that failure to follow the Edmunds protocol does not constitute a fatal waiver of state constitutional claims); Commonwealth v. Swinehart, 541 Pa. 500 , 509 n. 6, 664 A.2d 957 , 961 n. 6 (1995) (noting that Edmunds factors are "helpful” but not mandatory). | 2 | 3 |
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Swinehart
green
2 sentences2013But see Commonwealth v. White, 543 Pa. 45, 50 , 669 A.2d 896, 899 (1995) (stating that failure to follow the Edmunds protocol does not constitute a fatal waiver of state constitutional claims); Commonwealth v. Swinehart, 541 Pa. 500 , 509 n. 6, 664 A.2d 957 , 961 n. 6 (1995) (noting that Edmunds factors are "helpful” but not mandatory). 2013But see Commonwealth v. White, 543 Pa. 45, 50 , 669 A.2d 896, 899 (1995) (stating that failure to follow the Edmunds protocol does not constitute a fatal waiver of state constitutional claims); Commonwealth v. Swinehart, 541 Pa. 500 , 509 n. 6, 664 A.2d 957 , 961 n. 6 (1995) (noting that Edmunds factors are "helpful” but not mandatory). | 2 | 2006–2013 |
Township of Haverford v. Workmen's Compensation Appeal Board
green
2 sentences2000Township of Haverford v. Workmen’s Compensation Appeal Board (Angstadt), 118 Pa.Cmwlth. 467 , 545 A.2d 971 (1988); Griesinger v. Workmen’s Compensation Appeal Board (Atlantic Richfield Co.), 94 Pa.Cmwlth. 332 , 503 A.2d 1016 (1986). 2000Township of Haverford v. Workmen’s Compensation Appeal Board (Angstadt), 118 Pa.Cmwlth. 467 , 545 A.2d 971 (1988); Griesinger v. Workmen’s Compensation Appeal Board (Atlantic Richfield Co.), 94 Pa.Cmwlth. 332 , 503 A.2d 1016 (1986). | 2 | 2000–2000 |
Griesinger v. Workmen's Compensation Appeal Board
green
2 sentences2000Township of Haverford v. Workmen’s Compensation Appeal Board (Angstadt), 118 Pa.Cmwlth. 467 , 545 A.2d 971 (1988); Griesinger v. Workmen’s Compensation Appeal Board (Atlantic Richfield Co.), 94 Pa.Cmwlth. 332 , 503 A.2d 1016 (1986). 2000Township of Haverford v. Workmen’s Compensation Appeal Board (Angstadt), 118 Pa.Cmwlth. 467 , 545 A.2d 971 (1988); Griesinger v. Workmen’s Compensation Appeal Board (Atlantic Richfield Co.), 94 Pa.Cmwlth. 332 , 503 A.2d 1016 (1986). | 2 | 2000–2000 |
Birenbaum v. Workmen's Compensation Appeal Board
green
2 sentences1996In Birenbaum v. Workmen’s Compensation Appeal Board, 159 Pa.Cmwlth. 179 , 632 A.2d 1037 (1993), allocatur denied, 537 Pa. 666 , 644 A.2d 1203 (1994), the court affirmed the Board’s order denying a fatal claim petition filed by the widow of a salesman who had been fired from his job. 1996In Birenbaum v. Workmen’s Compensation Appeal Board, 159 Pa.Cmwlth. 179 , 632 A.2d 1037 (1993), allocatur denied, 537 Pa. 666 , 644 A.2d 1203 (1994), the court affirmed the Board’s order denying a fatal claim petition filed by the widow of a salesman who had been fired from his job. | 2 | 1996–1996 |
Kujawa v. Latrobe Brewing Co.
green
2 sentences1991Id., 454 Pa. at 169 , 312 A.2d at 411 . 1991Id., 454 Pa. at 169 , 312 A.2d at 411 . | 2 | 1975–1991 |
St. Clair Coal Co. v. Martz
neutral
2 sentences1923Clair Coal Co. v. Martz, 75 Pa. 384 , where it was held that, as the act of assembly gave the plaintiff no such lien as was filed, the fatal error in the claim was not waived as a merely formal defect by going to trial on the issue of payment; and Fahnestock v. Speer, 92 Pa. 146 , where the special plea concluded to the court and was held to be in effect a demurrer. 1896Clair Coal Co. v. Martz, 75 Pa. 384 , where it was held that, as the act of assembly gave the plaintiff no such lien as was filed, the fatal error in the claim was not waived as a merely formal defect by going to trial on the issue of payment; and Fahnestock v. Speer, 92 Pa. 146 , where the special plea concluded to the court, and was held to be in effect a demurrer. | 2 | 1896–1923 |
Fahnestock v. Speer
neutral
2 sentences1923Clair Coal Co. v. Martz, 75 Pa. 384 , where it was held that, as the act of assembly gave the plaintiff no such lien as was filed, the fatal error in the claim was not waived as a merely formal defect by going to trial on the issue of payment; and Fahnestock v. Speer, 92 Pa. 146 , where the special plea concluded to the court and was held to be in effect a demurrer. 1896Clair Coal Co. v. Martz, 75 Pa. 384 , where it was held that, as the act of assembly gave the plaintiff no such lien as was filed, the fatal error in the claim was not waived as a merely formal defect by going to trial on the issue of payment; and Fahnestock v. Speer, 92 Pa. 146 , where the special plea concluded to the court, and was held to be in effect a demurrer. | 2 | 1896–1923 |
City of Phila. v. Workers' Comp. Appeal Bd.
green
1 sentence2021(WCJ’s decision and order, 5/04/2018, at Findings of Fact (F.F.) Nos. 1-2.) See generally City of Philadelphia Fire Department v. Workers’ Compensation Appeal 3 Board (Sladek), 195 A.3d 197 (Pa. 2018) (discussing the burden of proof and evidentiary presumptions under sections 301(f) and 108(r) of the Act). 2 Meanwhile, Claimant filed a penalty petition on July 29, 2018, alleging that Employer failed to pay benefits following the WCJ’s decision granting the fatal claim petition and the Board’s June 8, 2018 order denying supersedeas. | 1 | 2021–2021 |
Frye v. United States
red
1 sentence2021Additionally, Employer claims that the methodology used by Claimant’s medical expert to assess the case does not comport with Frye v. United States, 293 F. 1013 (D.C. | 1 | 2021–2021 |
Provident Credit Corp. v. Young
green
1 sentence2020Provident Credit Corp. v. Young, 446 A.2d 257 , 260–61 (Pa. Super. 1982) (en banc) (emphasis added; citations omitted; quotation marks in original). -3- J-A28006-19 In contrast, in a petition to strike, we can only look to the face of the record at the time judgment was entered to determine if there is a fatal error of law. | 1 | 2020–2020 |
Kandra v. Workmen's Compensation Appeal Board
neutral
1 sentence2020(Id.) The Board also noted that “Mr. Atem’s statements reference things pertaining to his and 8 Decedent’s employment and do not, as [Employer] argues, specifically establish an intention on [Mr. Atem’s] part to inflict injuries for purely personal reasons.” (Id.) The Board found Employer’s reliance upon Kandra v. Workmen’s Compensation Appeal Board (Hills Department Store), 632 A.2d 1069 (Pa. Cmwlth. 1993), misplaced. | 1 | 2020–2020 |
Werner v. Workers' Compensation Appeal Board
neutral
2 sentences2020While it is true that, “[i]n a fatal claim petition, the surviving family member[s] bear[] the burden of proving all of the elements necessary to support an award under the [Act],” Werner v. Workers’ Compensation Appeal Board (Greenleaf Service Corporation), 28 A.3d 245 (Pa. Cmwlth. 2011), appeal denied, 47 A.3d 849 (Pa. 2012), this does not mean that Claimants were required to “prove” that India’s workers’ compensation law grants workers’ compensation benefits to United States residents. 2020Werner, 28 A.3d at 250 . | 1 | 2020–2020 |
Zafran v. Workers' Compensation Appeal Board (Empire Kosher Poultry, Inc.)
green
1 sentence2019The Court recognized that “[a] widow [] has an independent claim to compensation, ‘but only if she files her claim within the statutory period after her husband’s death.’” Zafran, 713 A.2d at 700 (quoting Auto Serv. | 1 | 2019–2019 |
| Morocho v. Workers' Compensation Appeal Board (Home Equity Renovations, Inc.) green | 1 | 2018–2018 |
Dime Bank v. Andrews, P.
green
1 sentence2018The trial court’s finding of a fatal error in the complaint is supported by this Court’s similar holding in Dime Bank v. Andrews, 115 A.3d 358 (Pa. Super. 2015), which involved a complaint that failed to include an averment required by Pa.R.C.P. 2952(a)(6). | 1 | 2018–2018 |
| Asplundh Tree Expert Co. v. Workers' Compensation Appeal Board green | 1 | 2017–2017 |
| City of McKeesport v. Workers' Compensation Appeal Board (Miletti) green | 1 | 2017–2017 |
| In Re DEM green | 1 | 2014–2014 |
| Smith v. Morrell Beer Distributors, Inc. green | 1 | 2014–2014 |
| Pesta v. Workmen's Compensation Appeal Board green | 1 | 2014–2014 |
| Carroll v. County of York green | 1 | 2014–2014 |
| Smith v. City of Philadelphia green | 1 | 2014–2014 |
| Eberle v. Union Dental Co. green | 1 | 2013–2013 |
| In re Nomination Petitions of Owen neutral | 1 | 2011–2011 |
| Turner v. Commonwealth green | 1 | 2011–2011 |
| In re Nomination Petitions of Owen neutral | 1 | 2011–2011 |
| State Workers' Insurance Fund v. Workers' Compensation Appeal Board green | 1 | 2009–2009 |
| In re Nominating Petition of OlShefski green | 1 | 2008–2008 |
| PNC Bank Corp. v. Workers' Compensation Appeal Board green | 1 | 2007–2007 |
| Blum v. Merrell Dow Pharmaceuticals, Inc. green | 1 | 2006–2006 |
| United Artists' Theater Circuit, Inc. v. City of Philadelphia green | 1 | 2006–2006 |
| Green Valley Dry Cleaners, Inc. v. Westmoreland County Industrial Development Corp. green | 1 | 2006–2006 |
| Commonwealth v. Glass green | 1 | 2006–2006 |
| Batson v. Kentucky green | 1 | 2005–2005 |
| Stalworth v. Workers' Compensation Appeal Board green | 1 | 2004–2004 |
| New Bethlehem Volunteer Fire Co. v. Workmen's Compensation Appeal Board green | 1 | 2003–2003 |
| Chicoine v. Workmen's Compensation Appeal Board green | 1 | 2002–2002 |
| Cyga v. Workmen's Compensation Appeal Board neutral | 1 | 2001–2001 |
| Martin v. Ketchum, Inc. green | 1 | 2001–2001 |
| City of McKeesport v. Workers' Compensation Appeal Board green | 1 | 1999–1999 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.