Industrial Valley Bank & Trust Co. v. Workmen's Compensation Appeal Board
Industrial Valley Bank & Trust Co. v. Workmen's Compensation Appeal Board
Opinion of the Court
Opinion by
Nathaniel Anderson (claimant) made his living collecting junk in a push cart and selling it to a junk yard. On the recommendation of the owner of the junk yard, he and another man were hired on October 28, 1968, by an officer of the Industrial Valley Bank & Trust Company (Bank) to move several filing cabinets from the main floor of one of the Bank’s buildings to the basement of that building, a move which the Bank had to make about once a year. He had never worked for the Bank before, and it was expected that this job would only require a few hours to complete. Unfortunately, while he was moving the first cabinet down the steps, it slipped and caused him to fall to the bottom of the steps with the cabinet on top of him. He suffered a fracture of his right ankle and later filed a claim petition seeking workmen’s compensation.
The Bank contended that the claimant was not entitled to compensation because he was not an “employe” as defined in Section 104 of the Pennsylvania Workmen’s Compensation Act,
All of the members of the Board before whom this case was first argued were removed from office by the
We have recently faced an identical situation in L&A Products v. McKeown, 8 Pa. Commonwealth Ct. 655, 304 A. 2d 702 (1973), and stated our reasons for remanding as follows: “We must, therefore, remand the record to the Workmen’s Compensation Appeal Board so that it may conduct a hearing and malm findings and conclusions concerning the effectiveness of the order of the old Board which is in the record. If the Workmen’s Compensation Appeal Board shall determine that the order of the old Board was ineffective, it may reinstate its order of [November 16,1972] and the employer shall be entitled to appeal from that decision and to renew its appeal from the reinstated order. If the Workmen’s Compensation Appeal Board shall determine that the order of the old Board is effective, it should be docketed by the Department and notices mailed to the parties and the claimant shall be entitled to appeal from the determination of effectiveness as well as from the order of the old Board.” 8 Pa. Commonwealth Ct. at 659, 304 A. 2d at 704.
Now, August 14, 1973, the order of the Workmen’s Compensation Appeal Board, of November 16, 1972, is vacated and the record is remanded to the Workmen’s Compensation Appeal Board for further proceedings consistent with this opinion.
Act of June 2, 1915, P. D. 736, 77 P.S. §22.
See Dews v. Shmukler, 199 Pa. Superior Ct. 417, 185 A. 2d 607 (1962); Plankinton v. Schurr, 185 Pa. Superior Ct. 41, 137 A. 2d 803 (1958); Ciccocioppo v. Rocco, 172 Pa. Superior Ct. 315, 94 A. 2d 77 (1953); Magalski v. Olyphant Borough, 150 Pa. Superior Ct. 216, 27 A. 2d 280 (1942); Butera v. Western Ice and Utilities Company, 140 Pa. Superior Ct. 329, 14 A. 2d 219 (1940).
Reference
- Full Case Name
- Industrial Valley Bank & Trust Co. and Reliance Insurance Company, Insurance Carrier v. Workmen's Compensation Appeal Board and Nathaniel Anderson
- Cited By
- 1 case
- Status
- Published