Lorino v. v. WCAB (Commonwealth of PA)
This text of Lorino v. v. WCAB (Commonwealth of PA) (Lorino v. v. WCAB (Commonwealth of PA)) 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.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
VINCENT LORINO, : No. 427 EAL 2020 : Petitioner : : Petition for Allowance of Appeal : from the Order of the v. : Commonwealth Court : : WORKERS' COMPENSATION APPEAL : BOARD (COMMONWEALTH OF : PENNSYLVANIA), : : Respondents :
ORDER
PER CURIAM
AND NOW, this 23rd day of February, 2021, the Petition for Allowance of Appeal
is GRANTED. The issue, as stated by petitioner, is:
Whether Commonwealth Court’s decision on this question of first impression should be reversed for violating the separation of powers doctrine, since it improperly exercised legislative power by replacing the word “may” with the word “shall” in Section 440 of the Workers’ Compensation Act; its [o]pinion even states, “. . . despite the General Assembly’s use of the word ‘may,’ this [c]ourt has always . . .” required an unreasonable contest before assessing attorney’s fees against an insurer?
The Application of Amicus Curiae Pennsylvania Association of Justice for Leave to File
Statement Supporting the Allowance of Appeal of Petitioner/Claimant, Vincent Lorino is
GRANTED.
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