Dana Holding Corp. v. Workers' Comp. Appeal Bd.

Supreme Court of Pennsylvania

Dana Holding Corp. v. Workers' Comp. Appeal Bd.

208 A.3d 461

CourtSupreme Court of Pennsylvania

DecidedMay 14, 2019

Docket729 MAL 2018 (Granted)

StatusPublished

This text of 208 A.3d 461 (Dana Holding Corp. v. Workers' Comp. Appeal Bd.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dana Holding Corp. v. Workers' Comp. Appeal Bd., 208 A.3d 461 (Pa. 2019).

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Opinion

PER CURIAM .

AND NOW, this 14th day of May, 2019, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by Petitioner, are:

1. Whether the Commonwealth Court erred in applying the [ Protz II ] standard to the case on appeal at the time of this Court's decision retroactive to the date of the IRE instead of as of the date of the Supreme Court changed in the law?

2. Whether the Commonwealth Court's failure to grant the employer credit for the three year period between the date of the IRE evaluation and the date of this Court's decision in [ Protz II ] unlawfully violates Employer's constitutional right pursuant to the "Due Course of Law" provisions of the Pennsylvania Constitution Article I, Section 11?

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PER CURIAM .

AND NOW, this 14th day of May, 2019, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by Petitioner, are:

1. Whether the Commonwealth Court erred in applying the [ Protz II ] standard to the case on appeal at the time of this Court's decision retroactive to the date of the IRE instead of as of the date of the Supreme Court changed in the law?

2. Whether the Commonwealth Court's failure to grant the employer credit for the three year period between the date of the IRE evaluation and the date of this Court's decision in [ Protz II ] unlawfully violates Employer's constitutional right pursuant to the "Due Course of Law" provisions of the Pennsylvania Constitution Article I, Section 11?

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Bluebook (online)

208 A.3d 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dana-holding-corp-v-workers-comp-appeal-bd-pa-2019.