Estate of Lerner v. Commonwealth

Commonwealth Court of Pennsylvania October 17, 1978

Estate of Lerner v. Commonwealth, 38 Pa. Commw. 136 (1978)

392 A.2d 330; 1978 Pa. Commw. LEXIS 1344

Craig, Ortjmltsh, Wilkinson

Opinion of the Court

Per Curiam Opinion,

The only issue here is whether Appellant, Sidney S. Lerner, may require the Workmen’s Compensation Appeal Board (Board) to open hearings on a matter previously adjudicated by the Board and argued before and finally decided by this Court where he is unable to show new evidence which was unavailable at the time of the prior hearing. Our prior decision1 constituted a final adjudication of the issues and the Board properly concluded that it had no authority to grant a rehearing.

Accordingly, we

Order

And Now, this 17th day of October, 1978, the decision of the Workmen’s Compensation Appeal Board is affirmed.

See Lerner v. Philadelphia Psychiatric Center, 26 Pa. Commonwealth Ct. 208, 363 A.2d 873 (1976).

Reference

Full Case Name: Estate of Samuel Lerner, Sidney S. Lerner, M.D., Administrator v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Philadelphia Psychiatric Center and Pennsylvania Manufacturers' Association Insurance Company
Cited By: 1 case
Status: Published