Tuesday, June 24, 2003

Different WCJ Can Reweigh Credibility When Board Remands On Standard of Proof Grounds

City of Philadelphia v. WCAB (Rilling) is a case involving the Section 301(e) presumption that a firefighter's lung disease resulted from his employment. The WCJ didn't apply the presumption in the first instance, and the Employer won. After the Board remanded for application of the presumption, a different WCJ awarded the claim. The Commonwealth Court stated it was appropriate for the WCJ on remand to arrive at the WCJ's own credibility determinations, especially since they are so closely tied to applying the proper standard of proof.

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