21 Pa. Commw. 522 | Pa. Commw. Ct. | 1975
Opinion by
This is an appeal by the City of Hazleton from an order of the Workmen’s Compensation Appeal Board, which affirmed an order of the referee granting workmen’s compensation benefits to Anthony M. DeCusatis. We must remand this case because the Board erred as a matter of law by awarding benefits under the Pennsylvania Workmen’s Compensation Act
Although DeCusatis filed a claim petition for benefits under the Occupational Disease Act, both the referee and 'the Board awarded benefits under the Workmen’s Compensation Act. Both the referee and the Board erred.
Victims of occupational diseases are now permitted, in certain cases, to seek benefits under the Workmen’s Compensation Act,
DeCusatis’ petition in this case makes claim under the Occupational Disease Act only, and, therefore, the sole issue involved is whether DeCusatis is eligible for benefits under that statute. We hold that the referee and the Board erred by awarding benefits under the Workmen’s Compensation Act.
It is tempting to decide this case on its merits, but this Court is without jurisdiction because appeals from the Board under the Occupational Disease Act must be taken to a court of common pleas.
In accordance with the above, we therefore
Order
And Now this 6th day of November, 1975, the order of the Workmen’s Compensation Appeal Board, dated February 20, 1975, is hereby reversed, and it is ordered that this matter be remanded to the Workmen’s Compensation Appeal Board for processing in a manner not inconsistent with the above opinion.
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1 et seq.
. Act of June 21, 1939, P.L. 566, as amended, 77 P.S. §1201 et seq.
. See Sections 108 and 301(c) (2) of the Workmen’s Compensation Act, 77 P.S. §27.1 and §411 (2).
. Barbieri, Pennsylvania Workmen’s Compensation and Occupational Disease, §7.01(2) (1975).
. Section 444 of the Workmen’s Compensation Act, 77 P.S. §1000.
. Workmen’s Compensation Appeal Board v. Wlodarczyk, 21 Pa. Commonwealth Ct. 495, 347 A.2d 763 (1975).
. Section 427 of the Occupational Disease Act, 77 P.S. §1527.