[J-100A&B-2016][M.O. - Wecht, J.]
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
MARY ANN PROTZ, : No. 6 WAP 2016
Appellant Appeal from the Order of the
Commonwealth Court entered
v. September 18, 2015 at No. 1024 CD
2014, vacating the order of the Workers'
Compensation Appeal Board entered
WORKERS' COMPENSATION APPEAL May 22, 2014 at No. A13-0096 and
BOARD (DERRY AREA SCHOOL remanding with instructions.
DISTRICT),
Appellees : ARGUED: November 1, 2016
MARY ANN PROTZ : No. 7 WAP 2016
Appeal from the Order of the
v. Commonwealth Court entered
September 18, 2015 at No. 1024 CD
2014, vacating the order of the Workers'
WORKERS' COMPENSATION APPEAL Compensation Appeal Board entered
BOARD (DERRY AREA SCHOOL May 22, 2014 at No. A13-0096 and
DISTRICT) remanding with instructions.
APPEAL OF: DERRY AREA SCHOOL
DISTRICT : ARGUED: November 1, 2016
CONCURRING OPINION
CHIEF JUSTICE SAYLOR DECIDED: JUNE 20, 2017
I support the core legal analysis contained in the majority opinion. At least in the
absence of some sort of ongoing legislative or administrative review or oversight, I
agree that prospective medical texts cannot be incorporated into a scheme affecting
citizens' substantial rights. My differences with the majority opinion are more a matter
of approach than substance, as, for example, I find it unnecessary to even consider that
the American Medical Association might concoct anything, see Majority Opinion, slip op.
at 10, or that the General Assembly may have acted on an avoidance rationale, see id.
at 13 n.6.
[J-100A&B-2016][M.O. - Wecht, J.] - 2