Christian Petrucci of the Law Offices of Christian Petrucci. The Commonwealth Court Resists 'Legislating From the Bench'
The court's decision was a simple one. It was unwilling to legislate from the bench. The judges rightly felt constrained to merely interpret law and not impose a policy preference, thereby creating law out of whole cloth, even if "justice" screamed for the opposite result.
January 27, 2023 at 10:07 AM
6 minute read
Commentary"Courts are not to engraft language to the act not included by the General Assembly to remedy a perceived infirmity, as doing so is not the courts' role." These words were dicta in the Pennsylvania Supreme Court's 2021 decision of Keystone RX v. Bureau of Workers' Compensation Fee Review Hearing Office (Compservices/AmeriHealth Casualty Services). If only courts everywhere would heed such direction. We may soon see if the Supreme Court will follow its own advice.
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