 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Owens v. Workers' Compensation Appeal Board1/31/2001
ORDER
AND NOW, this 10th day of April, 2001, the opinion filed January 31, 2001 in the above-captioned matter shall be designated Opinion rather than Memorandum Opinion, and it shall be reported.
DAN PELLEGRINI, JUDGE
SUBMITTED: January 5, 2001
Al J. Owens (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) dismissing his claim and reinstatement petitions for lack of jurisdiction.
Claimant sustained an injury to his right shoulder, arm and neck on December 8, 1995, in the course and scope of his employment as a truck driver with G. D. Leasing of Indiana (Employer) while working in Youngstown, Ohio. Claimant filed for and received workers' compensation benefits pursuant to the laws of the State of Indiana. Benefits were discontinued as of September 13, 1996. Claimant then filed a claim petition and a reinstatement petition in Pennsylvania on January 22, 1997, alleging that he had been injured as a result of a work-related accident and that he continued to be disabled as a result of his injuries. Employer filed a joinder petition requesting that Compass Transportation, a trucking terminal located in West Mifflin, Pennsylvania, be joined as the liable employer for Claimant's work injury because a substantial part of Claimant's work was localized there. Employer later requested a dismissal of that petition but by interlocutory order dated June 24, 1997, that request was denied. The parties then agreed to bifurcate the case to determine whether the WCJ had jurisdiction to hear the case because Claimant had been employed by an Indiana corporation and had already received benefits from the State of Indiana.
Claimant testified before the WCJ regarding his employment with Employer who was located in Indiana. He stated that he became aware of employment opportunities with Employer when he went to Compass Transportation located in West Mifflin, Pennsylvania, seeking a truck driving position. He stated that office referred him to Employer who supplied Compass with drivers, and he submitted an application to Employer at its Indiana office. Employer invited him to participate in an orientation program in Indiana which he attended beginning on May 22, 1995. He indicated that on that date, he signed a document that specified that he was not an employee of Employer until he successfully completed the orientation program, and upon successful completion, he would be hired. The document further stated that if he was injured, his exclusive remedy for workers' compensation would be in the State of Indiana, but it did not say that his employment was principally located in that state or any other state.
Claimant continued to state that after taking a written test, a driving test, a physical and performing other various jobs that he would be required to perform as an over-the road truck driver, the program concluded on May 25, 1995, and he was hired to work for Employer. He stated that he signed an employment contract with Employer in Indiana on that date and was assigned to Employer's closest terminal to his residence which was the West Mifflin terminal operating under the name of Compass Transportation. Claimant stated that he received his various assignments from his dispatcher in West Mifflin and drove to various states, including Virginia, North and South Carolina, Michigan, New York and Connecticut, but that he spent most of his time working in West Mifflin. He indicated, though, that his paychecks came from Employer's Indiana office.
Employer provided the deposition testimony of Mark Halsey (Halsey), who ran the training and orienta
Page 1 2 3 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|