IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
VINCENT LORINO, : No. 427 EAL 2020
:
Petitioner :
: Petition for Allowance of Appeal
: from the Order of the
v. : Commonwealth Court
:
:
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.