Tarapacki v. Workmen's Compensation Appeal Board

I respectfully dissent. On the claim petition the referee found on the basis of competent evidence that the defendant, Diversified Contracting, Inc., the employer, was not insured on March 20, 1989, in the state of Pennsylvania. The decision and order was not appealed.

On,.the petition to review, the referee found on the basis of competent evidence that the evidence relied on by the petitioner to show that the previous finding of no insurance coverage was in error, was available to all parties prior to the hearing on the claim petition. At the hearing on the claim petition, the question of…