Shine v. Duncan Petroleum Transport, Inc.

OPINION OF THE COURT

Jones, J.

Although the Workers’ Compensation Board has primary jurisdiction to determine the applicability of the Workers’ Compensation Law when an employee brings an action against one who may be his employer, in the unusual circumstances of this case it was an abuse of discretion on the part of the trial court to grant the employer a stay of the trial of the common-law action brought on behalf of the employees pending reference of their claims to the Workers’ Compensation Board.

Appellants’ decedents, William H. Shine, Jr., and Charles W. Rittenhouse, Jr., suffered fatal…