John Curry, Inc. et al. v. W.C.A.B. (Adams)

4 Citing cases

  1. Rossi v. W.C.A.B

    642 A.2d 1153 (Pa. Cmmw. Ct. 1994)   Cited 15 times

    This Court has recognized that the Board commits an error of law when it fails to review surveillance films as it cannot fulfill its statutorily mandated duty without the benefit of the entire record. John Curry, Inc. v. Workmen's Compensation Appeal Board (Adams), 97 Pa. Commw. 127, 508 A.2d 1317 (1986). However, in John Curry, Inc., this Court held that a remand to the Board for review of surveillance films is not warranted because the Board's error in not reviewing the entire record is harmless when the record contains substantial evidence to support the referee's findings without consideration of the films.

  2. Berks County Home v. W.C.A.B

    604 A.2d 767 (Pa. Cmmw. Ct. 1992)   Cited 21 times

    Without the entire record before it, the Board could not have properly performed its review. John Curry, Inc. v. Workmen's Compensation Appeal Board (Adams), 97 Pa. Commw. 127, 508 A.2d 1317 (1986). Since this Court did not receive a complete record, we cannot assume that the record received by the Board contained the necessary medical reports for a proper review.

  3. Thomas Jefferson U.H. v

    144 Pa. Commw. 302 (Pa. Cmmw. Ct. 1991)   Cited 15 times
    Holding that an unsupported finding of fact that is not essential to the ultimate determination is a harmless error

    We agree that there is no support in the record for this finding and that the referee erred in so finding. This error is, however, harmless as this finding was not essential to the referee's determination that Claimant had suffered a compensable injury under Section 301(c)(1) of the Act. See John Curry, Inc. v. Workmen's Compensation Appeal Board (Adams), 97 Pa. Commw. 127, 508 A.2d 1317 (1986). Employer further argues that the Board also erred in concluding that Claimant was injured in a place where she was required to be to buy parking tokens in order to park in Employer's parking lot.

  4. Smith v. W.C.A.B

    569 A.2d 1049 (Pa. Cmmw. Ct. 1990)   Cited 1 times

    Next petitioner cites case law which says that the Board errs when it does not view surveillance films which are part of the record. John Curry, Inc. v. Workmen's Compensation Appeal Board (Adams), 97 Pa. Commw. 127, 508 A.2d 1317 (1986); John B. Kelly Co., Inc. v. Davis, 8 Pa. Commw. 589, 303 A.2d 255 (1973). Although the case law cited shows the importance of a complete record for proper appellate review, we are persuaded by respondent's argument that review of this particular videotape was no different than the referee seeing the job site himself, an action approved of by this Court.