Legal Opinion

Wellsville Terminals Co. v. Workmen's Compensation Appeal Board

Supreme Court of Pennsylvania

Decided November 16, 1993No. 3 Western District Appeal Docket 1993PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

CAPPY, Justice.

The question presented is whether the Longshoremen and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., supplants the Pennsylvania Workmen’s Compensation Act (“PWCA”), 77 P.S. § 1 et seq., or merely supplements it when a worker is injured while making repairs to a barge floating in the Ohio River. The Commonwealth Court held that the LHWCA merely supplemented the PWCA and the two acts shared concurrent jurisdiction. For the reasons stated below, we reverse the order of the learned Commonwealth Court.1

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2Cases cited12 opinions

  1. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  2. Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942
  3. Herb's Welding, Inc. v. GraySupreme Court of the United States · 1985
  4. Sun Ship, Inc. v. PennsylvaniaSupreme Court of the United States · 1980
  5. Pieper v. Ametek-Thermox Instruments DivisionSupreme Court of Pennsylvania · 1990

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3Cited by11 opinions

  1. Coppola v. Logistec Connecticut, Inc.Supreme Court of Connecticut · 2007
  2. Wells v. Industrial CommissionAppellate Court of Illinois · 1995
  3. Uphold v. Illinois Workers' Compensation CommissionAppellate Court of Illinois · 2008
  4. Allsouth Stevedoring Co. v. WilsonCourt of Appeals of Georgia · 1996
  5. McElheney v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2008

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