Monessen Southwestern Railway Co. v. Workmen's Compensation Appeal Board

NARICK, Senior Judge.

Monessen Southwestern Railway Company (MSW) appeals from the order of the Workmen’s Compensation Appeal Board (WCAB) that affirmed, after remand, the grant of workmen’s compensation benefits to William Van Divner.1 We reverse.

On October 18, 1981, Van Divner suffered a work-related injury to his left foot while working for MSW, a wholly-owned subsidiary of Wheeling-Pittsburgh Steel Corporation (WPSC). Van Divner filed a complaint in the Court of Common Pleas of Allegheny County alleging liability on the part of MSW for his injuries pursuant to the provisions of the Federal…