Friday, January 02, 2004

Supreme Court Holds WCJ May Determine Paternity, Limited To WC Claim

In Rossa v. WCAB (City of Philadelphia) the issue before the WCJ was the paternity of a child prosecuting a fatal claim petition. The Supreme Court held: "Given the familial relationships that the WCJ must often disentangle, determining the eligibility of a child is not an extraordinary task. It is a responsibility that the WCJ is well able to assume."

The Court further held the standard of proof is preponderance of the evidence.

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