Litigation

A workers' compensation judge (WCJ) has limited jurisdiction to determine paternity under a preponderance of the evidence standard where such a determination is necessary to distribute worker's compensation benefits. Rossa v. Workers' Compensation Appeal Board of the City of Philadelphia, No. 30 EAP 2002, Pennsylvania Supreme Court, December 30, 2003.

On Dec. 13, 1990 Patricia Rossa gave birth out of wedlock to Ashley Rossa. On Feb. 6, 1991, Daniel Boyle, the putative father, died as a result of suffering a gunshot wound to his head sustained in the course and scope of his employment by the Philadelphia Police Department. Daniel Boyle was never judicially determined to be Ashley's father but was listed on Ashley's birth certificate as Ashley's father. The birth certificate was filed before his death. On March 20, 1992, Patricia, on Ashley's behalf, filed a claim with the Worker's Compensation Board seeking fatal claim benefits. The City of Philadelphia denied that Ashley was Daniel Boyle's child and denied the application for benefits. On Oct. 25, 1995, the Worker's Compensation Judge (WCJ) assigned to the case postponed the matter indefinitely until the parties filed a paternity claim in the Philadelphia Court of Common Pleas. On Aug. 5, 1999, no paternity determination had been made by the Court of Common pleas, but Ashley's attorney moved to have the case removed from inactive status. Despite the city's objections, a hearing was held before the WCJ on Oct. 22, 1999. On April 20, 2000, the WCJ determined that based upon the preponderance of the credible evidence, Daniel Boyle was Ashley's fathe,r and granted Ashley's fatal claim petition. The city appealed to the worker's compensation appeal board, which reversed, holding that the WCJ did not have jurisdiction over paternity issues. Ashley appealed, and