21 Pa. Commw. 495 | Pa. Commw. Ct. | 1975
Opinion by
This is an appeal by Victor Wlodarczyk from an order of the Workmen’s Compensation Appeal Board, which directed an award of benefits to him under the Pennsylvania Occupational Disease Act.
Wlodarczyk filed a claim petition specifically stating that he was seeking compensation under the Occupational Disease Act. The referee awarded benefits under the Pennsylvania Workmen’s Compensation Act.
Victims of occupational diseases are now permitted, in certain cases, to seek benefits under the Workmen’s Compensation Act.
*497 “No person who is qualified for or is receiving compensation under this act [Workmen’s Compensation Act], shall, with respect to the same period, receive compensation under The Pennsylvania Occupational Disease Act: Provided, however,*498 That any person may pursue, in the alternative, a claim for compensation under this act and a claim for compensation under The Pennsylvania Occupational Disease Act.”
Our holding leaves us with no jurisdiction over Wlodarczyk’s appeal. Appeals from the Board under the Occupational Disease Act must be taken to a court of common pleas of the county where the employe was last employed or the county in which the adverse party resides or has a permanent place of business, or, by agreement of the parties, to the court of common pleas of any other county of this Commonwealth.
Section 503 (b) of the Appellate Court Jurisdiction Act
We therefore
„ Order
And Now, this 3rd day of November, 1975, it is hereby ordered that the above appeal is transferred to the
. Act of June 21, 1939, P.L. 566, as amended, 77 P.S. §1201 et seq.
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1 et seq.
. See Sections 108 and 301(c)(2) of the Workmen’s Compensation Act, 77 P.S. §27.1 and §411 (2).
. See Barbieri, Pennsylvania Workmen’s Compensation and Occupational Disease, §7.01(2) (1975).
. Section 444 of the Workmen’s Compensation Act, 77 P.S. §1000, reads as follows:
. A claimant would be permitted, of course, to amend his own claim petition. Amendments to claim .petitions have always been quite liberally allowed. See Barbieri, Pennsylvania Workmen’s Compensation and Occupational Disease, §6.12(5) (1975).
. Section 427 of the Occupational Disease Act, 77 P.S. §1527.
. Act of July 31, 1970, P.L. 673, as amended, 17 P.S. §211.503(b).