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Saville v. Workers' Compensation Appeal Board

8/7/2000

ry. Notwithstanding this, Claimant argues that Dr. Resnick's testimony is rendered legally incompetent and thus cannot constitute substantial evidence. However, the mere fact that an expert does not have certain records before him or her or even all of the medical records on a given claimant in providing an expert opinion does not render the expert testimony incompetent but merely goes to the question of the weight to be accorded to such expert testimony, a question wholly entrusted to the factfinder. See, e.g., (New) Jeddo Highland Coal Company v. Workmen's Compensation Appeal Board (Hovanietz), 411 A.2d 582 (Pa. Cmwlth. 1980). Because Dr. Resnick's merely lacking Dr. Kaplan's report did not render Dr. Resnick's opinion as to Claimant's full recovery legally incompetent, there was substantial evidence to support the WCJ's finding of full recovery. Accordingly, this issue does not merit Claimant relief.


Hence, the order of the Board is affirmed.


JIM FLAHERTY, Judge


ORDER


AND NOW, this 7th day of August, 2000, the order of the Workers' Compensation Appeal Board docketed at A98-1467 and dated July 13, 1999 is affirmed.


JIM FLAHERTY, Judge






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