39 Pa. Commw. 265 | Pa. Commw. Ct. | 1978
Opinion by
In this case the only issue raised and argued by Loretta Young (Claimant) is whether the referee erred by refusing to admit as evidence in Claimant’s claim for compensation a certificate by a qualified physician.
Section 422
Where any claim for compensation at issue before a referee involves 25 weeks or less of disability . . . the employee . . . may submit a certificate by any qualified physician as to the history, examination, treatment, diagnosis and cause of the condition, and . . . such statement shall be admitted as evidence. . . (Emphasis added.)
We think that the. principle of expressio unius est exclusio alterius applies to an interpretation of that statutory language. See Fazio v. Pittsburgh Railways Co., 321 Pa. 7, 182 A. 696 (1936). By expressly providing that a physician’s certificate. is admissible in claims involving 25 weeks or less of. disability, the Legislature intended to exclude such certificates in claims involving more than 25 weeks of disability. While it is true that Section 422 also provides that referees shall not be bound by the common law or statutory rules of evidence in conducting hearings, a
In the instant case, the Claimant attempted to introduce a medical report from Dr. H. N. Rasansky at the hearing before the referee. The Respondents’ counsel objected to the report unless the Claimant was willing to stipulate that her claim was limited to a 25 week period.
It is our conclusion that the referee’s initial ruling was correct, i.e., that the physician’s report could not be admitted over Respondents’ objection where the claim was not limited to 25 weeks or less. We also conclude that there was no prejudice to the Claimant
Order
And Now, this 15th day of December, 1978, the order of the Workmen’s Compensation Appeal Board, . entered September 1, 1977, is affirmed.
Originally enacted as Section 428, renumbered Section 422 by the Act of June 26, 1919, P.L. 642.
The Claimant’s petition for compensation had' set forth that she was partially disabled from January 8, 1974, until February 7, 1974, and permanently disabled from April 30, 1974, “to the date of the filing of the claim.” (September 30, 1974).