HEATH v. W.C.A.B. (BD. OF PROB. AND PAR.)


860 A.2d 25 (2004)

Kim HEATH, Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (PENNSYLVANIA BOARD OF PROBATION AND PAROLE), Appellee.

Supreme Court of Pennsylvania.

Decided October 20, 2004.


Attorney(s) appearing for the Case

Joseph F. Bouvier, Esq., Eugene Mattioni, Esq., Philadelphia, for Kim Heath.

Thomas C. Baumann, Esq., Pittsburg, for amicus curiae PA Trial Lawyers Association.

Robert P. Schenk, Esq., Audrey J. Copeland, Philadelphia, for Pennsylvania Board of Probation and Parole.

Amber M. Kenger, Esq., Richard C. Lengler, Esq., Harrisburg, for Workers' Compensation Appeal Board.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.


OPINION

Chief Justice CAPPY.*

In this case, Kim Heath ("Claimant") filed a claim petition under Pennsylvania's Workers' Compensation Act ("Act"), 77 P.S. § 1 et seq., alleging that she sustained a work-related psychic injury that was caused by sexual harassment by a supervisor and acts of retaliation by her employer. On appeal, the Commonwealth Court viewed the "personal animus" exception in Section 301(c)...

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