We were appalled when the Commonwealth Court of Pennsylvania recently found armed robbery to be a “normal” part of the job as a clerk working for the Pennsylvania Liquor Control Board. Accordingly, we are seeking to take our battle to the top.
When a party loses a workers’ compensation case in Pennsylvania, the decision of the Workers’ Compensation Judge (WCJ) can be appealed to the Workers’ Compensation Appeal Board (WCAB). A party then has the right to file an appeal with the Commonwealth Court of Pennsylvania. That is the end for a party having the automatic right to appeal a workers’ compensation case in PA. Beyond that is at the discretion of the Pennsylvania Supreme Court, the highest Court in the State.
Once a party loses at the level of the Commonwealth Court of Pennsylvania, and wants to take the case to the PA Supreme Court, the party must request “allocatur” by filing a Petition for Allowance of Appeal. The High Court then has the discretion whether to accept the appeal (grant allocatur) or not. Very few appeals are accepted by the Supreme Court.
As we have noted, the Commonwealth Court of Pennsylvania has affirmed the decision of the WCAB, which reversed the decision of the WCJ, in our liquor store clerk case. We have now filed a Petition for Allowance of Appeal with the Supreme Court of PA. While we do not know whether our appeal will accepted by the Court, we do know what justice, and fairness, requires.