Opinion

Workmen's Compensation Appeal Board of the Commonwealth v. Jones & Laughlin Steel Corp.

  • 21 Pa. Commw. 599
  • 347 A.2d 734
  • 1975 Pa. Commw. LEXIS 1257
Court
Commonwealth Court of Pennsylvania
Filed
Nov 13, 1975
Status
Published
Author
Wilkinson
On the bench
Crumlish, Kramer, Wilkinson
Cited by
1 cases
Authority
More cited than 60.4%

The opinion

Opinion by

Judge Wilkinson,

The instant appeal arises from a claim petition filed by appellant on December 21, 1973. The prayer for relief requested “an award for such compensation as may be due me under the Occupational Disease Compensation Act.” At the hearing held January 30, 1974, counsel for appellant moved that any award be made under Section 301(g) of The Pennsylvania Occupational Disease Act, Act of June 21, 1939, P. L. 566, as amended, 77 P.S. *601 §1401 (g), (Act), to which appellee’s counsel had no objection.

The referee awarded benefits to the claimant and on appeal, the Workmen’s Compensation Appeal Board affirmed the referee. Appellant then appealed to this Court.

Section 427 of the Act, 77 P. S. §1527, provides, in part:

“Any party may appeal from any action of the board on matters of law to the court of common pleas of the county in which the employe was last employed prior to his disability or death or of the county in which the adverse party resides or has a permanent place of business, or, by agreement of the parties, to the court of common pleas of any other county of this Commonwealth. . . .”

Although neither party to this appeal has raised the question of this Court’s jurisdiction in this case, the Court may sua sponte raise the issue and transfer the appeal to a proper court. Section 503 (b) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, as amended, 17 P. S. §211.503 (b). In this case, a proper court of jurisdiction would include the Court of Common Pleas of Washington County, where the appellee was last employed, or the Court of Common Pleas of Greene County, where the appellee resides, or any court of common pleas, agreed to by the parties. Accordingly, we enter the following

Order

Now, November 13, 1975, it is hereby ordered that the above appeal is transferred to the Court of Common Pleas of Greene County, unless the parties to this action shall notify the Court within 30 days of their agreement that the action be transferred to a different court of proper jurisdiction in which case it shall be transferred to the agreed upon court. The Chief Clerk shall certify to the Prothonotary of the court to which this action is *602 transferred a photocopy of the docket entries of the above appeal and transmit to him the record of said appeal. The Chief Clerk is directed to mail copies of this transfer order to counsel for appellant who is directed to serve a copy thereof on all counsel.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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