Friday, July 25, 2003
In East v. WCAB (USX Corp.), Appeal of: USX, LLC the issue is whether a workers' compensation case is a "civil action" so that the minority tolling statute applies. The WCJ ruled that the stautue does not apply; the Commonwealth Court reversed based on the observation that if an action is not a criminal action, it is a civil action. The Supreme Court reviewed the Pennsylvania Constitution's provision for workers' compensation laws and noted the administrative action under these laws was created to replace a civil action. The Supreme Court also looked at several statutes that distinguish an administrative action from a civil action. The Supreme Court concluded the minority tolling statute's coverage of "civil actions" does not include workers' compensation matters.
Posted by Robert Vonada at 5:45 PM