Opinion
No. 427 EAL 2020
02-23-2021
Vincent LORINO, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (Commonwealth of Pennsylvania), Respondents
ORDER
PER CURIAM.
AND NOW, this 23rd day of February, 2021, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:
Whether Commonwealth Court's decision on this question of first impression should be reversed for violating the separation of powers doctrine, since it improperly exercised legislative power by replacing the word "may" with the word "shall" in Section 440 of the Workers' Compensation Act; its [o]pinion even states, "... despite the General Assembly's use of the word `may,' this [c]ourt has always ..." required an unreasonable contest before assessing attorney's fees against an insurer? The Application of Amicus Curiae Pennsylvania Association of Justice for Leave to File Statement Supporting the Allowance of Appeal of Petitioner/Claimant, Vincent Lorino is GRANTED.