Case Law Update | Winchilla v. WCAB (Pa. Cmwlth. December 1, 2015) | PA Work Injury

December 1, 2015

Winchilla v. Workers' Comp. Appeal Bd. (Nexstar Broad.), 2015 Pa. Commw. Unpub. LEXIS 700 (Pa. Commw. Ct. 2015)

Claimant (repped by Kevin Walsh of Kingston) lost here because he did not specifically allege in PFR that 306(a.2) is an unconstitutional delegation, but only raised a vague constitutional “arbitrary/capricious” claim.  Vince Quatrini of Greensburg got the win.

Michael Routch sought publication of this and it was granted.  Assertions of unconstitutionality must be specific as far back as the first opportunity to raise at the PFR.  

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