DocketNumber: Appeal, No. 259 C.D. 1975
Citation Numbers: 21 Pa. Commw. 505
Judges: Bowman, Kramer, Mencer
Filed Date: 11/5/1975
Status: Precedential
Modified Date: 6/24/2022
Opinion by
This is an appeal by Betty J. Costello from an order of the Workmen’s Compensation Appeal Board, which reversed a referee’s award of benefits to Costello. We affirm the result reached by the Board.
Costello was employed by the Quaker Shoe Company as a cutter and gluer from January 1972 through November 20, 1972. On March 9, 1973 Costello filed a claim petition under The Pennsylvania Workmen’s Compensation Act.
The Board erred by treating Costello’s claim petition as a claim under the Occupational Disease Act. Costello’s claim petition specifically sought benefits under the Workmen’s Compensation Act. Since the claim petition was never amended, the only issue presented to the referee and the Board was the question of Costello’s eligibility for benefits under the Workmen’s Compensation Act.
In order to be eligible for benefits under the Workmen’s Compensation Act, Costello had to prove that she suffered either a compensable accident prior to May 1, 1972 or a compensable injury after that date.
We, therefore
Order
And Now, this 5th day of November, 1975, the order of the Workmen’s Compensation Appeal Board, dated February 6, 1975, dismissing the claim petition of Betty J. Costello, is hereby affirmed.
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1 et seq.
. Act of July 21, 1939, P.L. 566, as amended, 77 P.S. §1201 et seq.
. Workmen’s Compensation Appeal Board v. Wlodarczyk, 21 Pa. Commonwealth Ct. 495, 347 A.2d 763 (1975).
. Sections 108 and 301(c) (2) of the Workmen’s Compensation Act, 77 P.S. §§27.1, 411(2).
. Section 301(c) (2) of the Workmen’s Compensation Act, 77 P.S. §411(2).
. See Act of March 29, 1972, P.L. 159, §1, effective May 1, 1972, amending Section 101 of the Workmen’s Compensation Act, 77 P.S. §1.