Legal Opinion
McElheney v. Workers' Compensation Appeal Board
Commonwealth Court of Pennsylvania
Decided September 27, 2006No. 806 C.D. 2006PublishedCited by 2 opinions
1Opinion of the Court
OPINION BY
Judge PELLEGRINI.
The single question presented by this appeal is whether the Pennsylvania Workers’ Compensation Act (Act) 1 applies to an injury incurred by a claimant working on a ship in dry dock even though that injury also falls within the coverage of the Long-shore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. 901-950 (2000).
Daniel McElheney (Claimant) worked at the Philadelphia Navy Yard employed by Kvaerner Philadelphia Ship Yard (Employer) as a pipe fitter welder. While working on a ship in dry dock, Claimant tripped and fell, injuring his right knee, right…
2Cases cited20 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942
- Grant Smith-Porter Ship Co. v. RohdeSupreme Court of the United States · 1922
- Western Fuel Co. v. GarciaSupreme Court of the United States · 1921
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3Cited by2 opinions
- Uphold v. Illinois Workers' Compensation CommissionAppellate Court of Illinois · 2008
- McElheney v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2008