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East v. Workers' Compensation Appeal Board

Decision that Minority Tolling Statute did not toll statute of limitations of claim for workers' compensation benefits reversed; although workers' compensation proceedings are administrative, they are still non-criminal actions and, therefore, fall under the broad definition of a "civil action" in the Minority Tolling Statute.

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Argued: October 11, 2001

Sarah Sanders (Claimant), on behalf of Bradley Irvin East (Bradley), who is the alleged son of Irvin East (Decedent), petitions for review of an order of the Workers’ Compensation Appeal Board (Board). The Board affirmed the decision of a Workers’ Compensation Judge (WCJ) finding that the Minority Tolling Statute, 42 Pa. C.S. � 5533(b), did not toll the statute of limitations on Claimant’s claim for benefits under the Workers’ Compensation Act (Act). *fn1 This is a case of first impression, as there is no case or statute that determines whether a workers’ compensation proceeding is a “civil action” or whether the Minority Tolling Statute is applicable in workers’ compensation proceedings. We reverse and remand.

Decedent died on April 23, 1985 as the result of a work-related accident. Pursuant to an Agreement for Compensation for Death, Joan Green, who was Decedent’s wife, began receiving compensation benefits for the work-related death of Decedent until her death on September 12, 1993. Decedent and Joan had a son, Irvin K. East, who also received benefits until he turned eighteen years old on April 28, 1989. Thereafter, Claimant filed a Review Petition on April 20, 1998 stating that “[t]he Decedent’s spouse, Joan East, died in 1993. Claimant requests that benefits being paid pursuant to Agreement for Compensation for Death be paid to Decedent’s son, Bradley Irvin East.” Bradley’s birth certificate indicates that he was born on February 6, 1983 and lists his father as “Irvin East.” (Claimant’s Exhibit No. 1). Thus, Bradley was under eighteen at the time the Review Petition was filed. USX Corporation/Clairton Plant (Employer) filed an Answer denying that Decedent has any dependent children who are entitled to compensation benefits and asserting that Claimant’s claim for benefits is barred by the statute of limitations.

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