Affirming now-President Judge C. Darnell Jones II of the Philadelphia Court of Common Pleas, the judges in Thomas Jefferson University v. Wapner concluded that a separate Superior Court panel’s decision some six years ago in Hartman v. Baker should not be rejected.

In his lead opinion, Judge Seamus P. McCaffery acknowledged that the Hartman panel had ruled that the burden fell to the employer, but did not discuss its reasons for doing so.

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