Jackson v. WCAB (Res. for Human Dev.)

In Jackson v. Workers' Comp. Appeal Bd. (Res. for Human Dev.), 877 A.2d 498 (Pa. Cmwlth. 2005), the Court rejected a claimant's attack on the competency of an employer's doctor's testimony. There, contrary to a stipulation by the parties, the employer's doctor did not acknowledge the claimant suffered a disabling knee injury. However, the doctor "specifically went on to opine, in the alternative and based on the assumption that the claimant had suffered a knee injury, that 'it resolved.'" Jackson, 877 A.2d at 503. Based on this testimony, we explained, "thus, as in To, the employer's doctor's opinion did consider the 'established facts,' and he opined, based on those facts, that the claimant fully recovered from her knee injury...." Id.