McCloskey standard (Pennsylvania) · Go Syfert
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McCloskey standard in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1974–2001 0 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.

Followed or applied (2)

CaseFollowedCited
McCloskey v. Workmen's Compensation Appeal Boardgreen
pa · 1983 · cited in 2 Pennsylvania opinions naming this issue, 1987–1992
2 sentences

1992AND NOW this 16th day of June, 1992, the Application for Reargument is granted and the case is remanded to the referee for the presentation of evidence under the Kusenko/McCloskey standard. [Kusenko v. Republic Steel Corp., 506 Pa. 104 , 484 A.2d 374 (1984); McCloskey v. Workmen’s Compensation Appeal Board, 501 Pa. 93 , 460 A.2d 237 (1983)].

1992AND NOW this 16th day of June, 1992, the Application for Reargument is granted and the case is remanded to the referee for the presentation of evidence under the Kusenko/McCloskey standard. [Kusenko v. Republic Steel Corp., 506 Pa. 104 , 484 A.2d 374 (1984); McCloskey v. Workmen’s Compensation Appeal Board, 501 Pa. 93 , 460 A.2d 237 (1983)].

12
Bethlehem Mines Corp. v. Workmen's Compensation Appeal Boardgreen
pacommwct · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001
2 sentences

2001“With regard to the McCloskey standard, ... it is not a requirement that a medical expert, in order to establish causation, use the magical words of ‘substantial contributing factor’, rather, it is sufficient that a medical opinion express with reasonable certainty the standard set forth in McCloskey.” Bethlehem Mines Corp. v. Workmen’s Compensation Appeal Board (James), 108 Pa.Cmwlth.68, 528 A.2d 1078, 1079 (1987).

2001“With regard to the McCloskey standard, ... it is not a requirement that a medical expert, in order to establish causation, use the magical words of ‘substantial contributing factor’, rather, it is sufficient that a medical opinion express with reasonable certainty the standard set forth in McCloskey.” Bethlehem Mines Corp. v. Workmen’s Compensation Appeal Board (James), 108 Pa.Cmwlth.68, 528 A.2d 1078, 1079 (1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Kusenko v. Republic Steel Corp. green
pa · 1984
2 sentences

1992AND NOW this 16th day of June, 1992, the Application for Reargument is granted and the case is remanded to the referee for the presentation of evidence under the Kusenko/McCloskey standard. [Kusenko v. Republic Steel Corp., 506 Pa. 104 , 484 A.2d 374 (1984); McCloskey v. Workmen’s Compensation Appeal Board, 501 Pa. 93 , 460 A.2d 237 (1983)].

1992AND NOW this 16th day of June, 1992, the Application for Reargument is granted and the case is remanded to the referee for the presentation of evidence under the Kusenko/McCloskey standard. [Kusenko v. Republic Steel Corp., 506 Pa. 104 , 484 A.2d 374 (1984); McCloskey v. Workmen’s Compensation Appeal Board, 501 Pa. 93 , 460 A.2d 237 (1983)].

21987–1992
Commonwealth v. McCloskey green
pa · 1971
2 sentences

1974Upon review of the history of the grand jury proceedings and the fundamental privilege against self-incrimination, “[i]n seeking to balance society’s interest in the grand jury’s freedom of orderly inquiry and a *64 witness’s right to exercise Ms privilege against self incrimination knowingly and intelligently,” Commonwealth v. McCloskey, supra at 143, 277 A.2d at 777 , we conclude that the McCloskey rule is to be interpreted broadly as a remedial rule 9 and that the evidence in tMs case satisfies the “in any way based” language of McCloshey.

1974Upon review of the history of the grand jury proceedings and the fundamental privilege against self-incrimination, “[i]n seeking to balance society’s interest in the grand jury’s freedom of orderly inquiry and a *64 witness’s right to exercise Ms privilege against self incrimination knowingly and intelligently,” Commonwealth v. McCloskey, supra at 143, 277 A.2d at 777 , we conclude that the McCloskey rule is to be interpreted broadly as a remedial rule 9 and that the evidence in tMs case satisfies the “in any way based” language of McCloshey.

21974–1975
Bethlehem Mines Corp. v. Workmen's Compensation Appeal Board neutral
pacommwct · 1985
2 sentences

1988Thus, we have, declined to apply the McCloskey rule in a disability case, Bethlehem Mines Corp. v. Workmen's Compensation Appeal Board (Luketich), 92 Pa. Commonwealth Ct. 605 , 500 A.2d 501 (1985).

1988Thus, we have, declined to apply the McCloskey rule in a disability case, Bethlehem Mines Corp. v. Workmen's Compensation Appeal Board (Luketich), 92 Pa. Commonwealth Ct. 605 , 500 A.2d 501 (1985).

11988–1988
Commonwealth, Bureau of Workers' Compensation v. Uchaker neutral
pacommwct · 1985
2 sentences

1987Bureau of Workers’ Compensation v. Uchaker, 93 Pa. Commonwealth Ct. 400 , 501 A.2d 703 (1985). 2 With regard to application of the McCloskey standard, this Court held in Uchaker that it is not a requirement that a medical expert, in order to establish causation, use the magical words of “substantial contributing factor”; rather, it is sufficient that a medical opinion express with reasonable certainty the standard set forth in McCloskey .

1987Bureau of Workers’ Compensation v. Uchaker, 93 Pa. Commonwealth Ct. 400 , 501 A.2d 703 (1985). 2 With regard to application of the McCloskey standard, this Court held in Uchaker that it is not a requirement that a medical expert, in order to establish causation, use the magical words of “substantial contributing factor”; rather, it is sufficient that a medical opinion express with reasonable certainty the standard set forth in McCloskey .

11987–1987

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