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42 Pa. Commw. 284

Lanzarotta v. Commonwealth

Commonwealth Court of Pennsylvania

Decided April 26, 1979

Commonwealth Court of Pennsylvania · decided 1979-04-26

Good law ✅— No negative treatment on recordhow we know

Decided 1979-04-26

How this case has been cited

Cited by 7 later decisions — most recently February 1999

7 state decisions

40197919801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Dissenting Opinion by

Judge DiSalle :

¶2I respectfully dissent.

¶3I am in complete agreement with Employer’s contention, and the majority’s conclusion, that the issue of notice was never resolved by the referee or the Board. The reason, however, is obvious: the issue *290was never raised before these administrative authorities. The record reveals that the sole issue properly-preserved from below relates to whether Claimant suffered. a compensable injury. As such, I feel we are precluded from addressing the notice issue, in accordancé with the well-established rule that a party may not raise upon appeal any question (other than one relating to the validity of a particular statute) not raised before the agency save upon due cause shown. See 2 Pa. C.S. §703(a); see also Pa. R.A.P. 1551(a). There being nothing whatsoever to suggest that Employer was unable to raise the notice issue before the Board, I would affirm the Board’s order.

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