Meadville Forging v. W.C.A.B

2 Citing cases

  1. Joy Global, Inc. v. W.C.A.B. (Hogue)

    876 A.2d 1098 (Pa. Cmmw. Ct. 2005)   Cited 19 times   1 Legal Analyses

    We initially note that it is well settled that, with respect to a claim petition, a claimant bears the burden of establishing an entitlement to benefits and establishing all the elements necessary to support an award. Dandenault v. Workers' Compensation Appeal Board (Philadelphia Flyers, Ltd.), 728 A.2d 1001 (Pa.Cmwlth. 1999); Meadville Forging Company v. Workers' Compensation Appeal Board (Hawes), 726 A.2d 1111 (Pa.Cmwlth.), petition for allowance of appeal denied, 560 Pa. 676, 742 A.2d 173 (1999); Old Republic Insurance Company v. Workers' Compensation Appeal Board (Mascolo), 726 A.2d 444 (Pa.Cmwlth. 1999). Thus, a claimant has the burden of proving that his or her injury arose in the course of employment and was related thereto.

  2. Steglik v. Workers' Compensation Appeal Bd.

    755 A.2d 69 (Pa. Cmmw. Ct. 2000)   Cited 16 times

    With respect to a claim petition, the claimant bears the burden of establishing an entitlement to benefits and establishing all the elements necessary to support an award. Dandenault v. Workers' Compensation Appeal Board (Philadelphia Flyers, Ltd.), 728 A.2d 1001 (Pa.Cmwlth. 1999); Meadville Forging Company v. Workers' Compensation Appeal Board (Hawes), 726 A.2d 1111 (Pa.Cmwlth. 1999); Old Republic Insurance Company v. Workers' Compensation Appeal Board (Mascolo), 726 A.2d 444 (Pa.Cmwlth. 1999). Thus, a claimant has the burden of proving that his or her injury arose in the course of employment and was related thereto.