Protz v. Workers' Comp. Appeal Bd.

CHIEF JUSTICE SAYLOR

[M.O. - Wecht, J.] Appeal from the Order of the Commonwealth Court entered September 18, 2015 at No. 1024 CD 2014, vacating the order of the Workers' Compensation Appeal Board entered May 22, 2014 at No. A13-0096 and remanding with instructions.

CHIEF JUSTICE SAYLOR

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.