*1 [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 September 18, 2015 at No. 1024 CD v. 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 Commonwealth Court entered v. 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 *2 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.
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