McElheney v. Workers' Compensation Appeal Board

OPINION

Chief Justice CASTILLE.

The single issue before the Court is: when is an injured worker entitled to concurrent compensation under both the federal Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., and the Pennsylvania Workers’ Compensation Act (“PWCA”), 77 P.S. § 1 et seq. Resolution of this issue turns on the construction of terms in the LHWCA, specifically, whether the worker was injured while performing a “traditional maritime function” and whether the situs of the injury was “upon the navigable waters of the United States.” See Wellsville Terminals…