# Workmen's Compensation Appeal Board v. Commonwealth

> Commonwealth Court of Pennsylvania · January 14, 1976 · 23 Pa. Commw. 1

URL: https://www.frixlaw.com/law-library/cases/6362856

## Case

- **Full name:** Workmen's Compensation Appeal Board of the Commonwealth of Pennsylvania, James Roy DeRocco and Wheeling-Pittsburgh Steel Corp. v. Commonwealth of Pennsylvania
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** January 14, 1976
- **Citations:** 23 Pa. Commw. 1; 349 A.2d 778; 1976 Pa. Commw. LEXIS 800
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Kramer
- **Judges:** Crumlish, Kramer, Mencer
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6362856

## Opinion text

Opinion by
Judge Kramer,
The record in this case indicates that the claim petition involved was filed under the Pennsylvania Occupational Disease Act 1 and that the petition was never amended. Despite this fact, the referee awarded benefits under the Pennsylvania Workmen’s Compensation Act, 2 and the Board affirmed.
This case is controlled by our recent decisions holding that the referee and the Board may not award benefits under the Workmen’s Compensation Act when a claim petition is filed under the Occupational Disease Act, and never amended. 3 Since the referee and the Board erred by awarding benefits under the Workmen’s Compensation Act, we will remand to the Board for a proper determination pursuant to the Occupational Disease Act.
We therefore
Order
And Now this 14th day of January, 1976, the order of the Workmen’s Compensation Appeal Board in the *3 above matter is hereby reversed and it is ordered that this case be remanded to the Workmen’s Compensation Appeal Board for a proper determination pursuant to the Pennsylvania Occupational Disease Act; such additional evidence may be received as the Board, in its discretion, deems necessary.
. Act of July 21, 1939, P.L. 566, as amended, 77 P.S. §1201 et seq.
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1 et seq.
. O’Donnell v. City of Scranton, 22 Pa. Commonwealth Ct. 411 , 349 A.2d 502 (1975); Workmen’s Compensation Appeal Board v. City of Hazleton, 21 Pa. Commonwealth Ct. 522 , 347 A.2d 332 (1975); and Workmen’s Compensation Appeal Board v. Wlodarczyk, 21 Pa. Commonwealth Ct. 495 , 347 A.2d 763 (1975).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6362856. Public record. Not legal advice.