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Bass v. Butler

Dismissal of complaint in Workers' Compensation case vacated where dismissal was without prejudice to plaintiff's reinstating the suit after exhausting her state court remedies; plaintiff did exhaust her state court remedies, and case was remanded to District Court for determination of threshold issues of jurisdiction, preclusion and class certification.

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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. *fn1 Bass sought declaratory and injunctive relief, costs, and attorneys fees, but no damages.

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