Sicilia, V. v. API Roofers Adv. Program (WCAB)

Supreme Court of Pennsylvania

Sicilia, V. v. API Roofers Adv. Program (WCAB)

Supreme Court of Pennsylvania·Decided February 15, 2023·No. 287 MAL 2022 (Granted)·Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

VINCENT SICILIA : No. 287 MAL 2022 : : v. : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court API ROOFERS ADVANTAGE PROGRAM : (WORKERS' COMPENSATION APPEAL : BOARD) : : : PETITION OF: API ROOFERS : ADVANTAGE PROGRAM :

ORDER

PER CURIAM

AND NOW, this 15th day of February, 2023, the Petition for Allowance of Appeal

is GRANTED. The issues, as stated by Petitioner, are:

(1) Did the Commonwealth Court impermissibly expand the holdings in Duffey v. WCAB (Trola-Dyne, Inc.), 152 A.3d 984 (Pa. 2017) . . . as to usurp the authority of the Workers’ Compensation Judge to determine the nature and extent of the compensable injury?

(2) Did the Commonwealth Court err in reversing the Workers’ Compensation Appeal Board by substituting [its] assessment of the credible testimony for that of the fact finder?

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

VINCENT SICILIA : No. 287 MAL 2022 : : v. : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court API ROOFERS ADVANTAGE PROGRAM : (WORKERS' COMPENSATION APPEAL : BOARD) : : : PETITION OF: API ROOFERS : ADVANTAGE PROGRAM :

ORDER

PER CURIAM

AND NOW, this 15th day of February, 2023, the Petition for Allowance of Appeal

is GRANTED. The issues, as stated by Petitioner, are:

(1) Did the Commonwealth Court impermissibly expand the holdings in Duffey v. WCAB (Trola-Dyne, Inc.), 152 A.3d 984 (Pa. 2017) . . . as to usurp the authority of the Workers’ Compensation Judge to determine the nature and extent of the compensable injury?

(2) Did the Commonwealth Court err in reversing the Workers’ Compensation Appeal Board by substituting [its] assessment of the credible testimony for that of the fact finder?

Sicilia, V. v. API Roofers Adv. Program (WCAB), (Pa. 2023).

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