The Commonwealth Court has found that expert reports were insufficient to warrant an award of workers’ compensation benefits for the only black female worker at a Carlisle, Pa., foundry, despite reports of one co-worker using “the N-word,” another making disparaging comments about women and a noose being hung in an office.

The split en banc panel’s decision in Frog, Switch & Manufacturing v. Workers’ Compensation Appeal Board (Johnson) reverses a decision from the Workers’ Compensation Appeal Board that awarded the employee full compensation for several months she claimed she was unable to work due to depression from abnormal working conditions.

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