Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs