Opinion
426 C.D. 2020
08-11-2021
Hatem Saied, Petitioner v. Workers' Compensation Appeal Board (Menzies Aviation Group (USA), Inc.), Respondent
ORDER
PER CURIAM.
NOW, August 11, 2021, Hatem Saied's (Petitioner) Application for Reargument and Reconsideration is DENIED.
In Petitioner's Application, Petitioner argued, in part, that this Court's standard of review created a bias in favor of employers. The standard at issue requires this Court to "consider the evidence as a whole, view the evidence in a light most favorable to the party who prevailed before the [Workers' Compensation Judge], and draw all reasonable inferences which are deducible from the evidence in favor of the prevailing party." Frog, Switch & Mfg. Co. v. Workers' Comp. Appeal Bd. (Johnson), 106 A.3d 202, 206 (Pa. Cmwlth. 2014). This standard is mandatory on the Court when reviewing decisions from Workers' Compensation Judges, who are in the best position to view the evidence firsthand and draw inferences therefrom, but it does not create bias in favor of any party. Had Employer or Insurer brought the present appeal, this standard would operate such that this Court would view the evidence and draw all reasonable inferences therefrom in favor of Petitioner.
The Court's use of this standard ensures that the inferences drawn by Workers' Compensation Judges are respected by the Court and is not evidence of bias in favor of any party that appears in this Court.