PA: failure to disclose history of prior injuries: denial of workers' compensation benefits upheld.
COURT'S OPINION: The Commonwealth Court of Pennsylvania affirmed the order of the Board affirming the denial of benefits. The court held, inter alia, that the WCJ has complete authority over questions of credibility, conflicting evidence, and evidentiary weight when supported by the requisite evidence and accept or reject the testimony of any witness in whole or in part. The court held that the inconsistencies in the history the claimant gave to her own treating physicians undermined her own credibility. The court found that the claimant failed to show that the WCJ had capriciously disregarded substantial, competent evidence. Capricious disregard is a deliberate and baseless disregard of apparently trustworthy evidence. The WCJ set forth specific reasons for finding the claimant not credible. Shuma v. Workers' Compensation Appeal Board, No. 1536 C.D. 2005 (Pa. Commw. 02//16/2006)--PA
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the Unied States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquins Who's Who in American Law, Who's Who in America and Who's Who in the World.
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|Title Annotation:||Legal Case Briefs for Nurses|
|Author:||Tammelleo, A. David|
|Publication:||Nursing Law's Regan Report|
|Date:||Mar 1, 2006|
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