[Download] "Bass v. Butler" by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Bass v. Butler
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 09, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Argued: January 23, 2001 OPINION OF THE COURT Dianne Bass (""Bass""), alleging that the Pennsylvania Workers Compensation system denied her benefits through unconstitutional procedures, filed this federal class action against the Commonwealth of Pennsylvania and two of its officials. Bass complained that the Pennsylvania Bureau of Workers Compensation denied her claim without notice that her case was reassigned to, and decided by, workers compensation judges (""WCJs"") who were neither present nor presiding when her witnesses testified. Bass also complained that the Pennsylvania statute allowing WCJs to make credibility determinations and ultimate decisions without hearing any witness testimony permitted the taking of property without Due Process of law. 1 Bass sought declaratory and injunctive relief, costs, and attorneys fees, but no damages. The District Court, dismissing Bass's action without prejudice, abstained in deference to appellate proceedings in the Pennsylvania courts. Bass filed a motion for reconsideration, which the District Court denied. Since the District Court's order of dismissal and denial of reconsideration, Bass has unsuccessfully exhausted her state court remedies. Bass appealed from the order denying reconsideration. We will vacate the or der of dismissal and remand the action for further proceedings.