HDTL, Inc. v. Commonwealth, Department of Labor & Industry

KELLEY, Judge.

HDTL, Inc. (petitioner) petitions for review of an order issued by the Board of Claims. The board dismissed petitioner’s complaint concluding, sua sponte, that the complaint had been untimely filed. We reverse and remand the case for a hearing on the merits.

Petitioner commenced a civil action against the State Workers’ Insurance Fund (SWIF) by filing a práeeipe for writ of summons with the Court of Common Pleas of Centre County (trial court) on March 6, 1996. Petitioner then filed a complaint with the trial court on August 14, 1996 alleging that SWIF owed petitioner an insurance…