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PORT AUTHORITY ALLEGHENY COUNTY v. PAUL J. SMITH (02/01/78)

decided: February 1, 1978.

PORT AUTHORITY OF ALLEGHENY COUNTY, PETITIONER
v.
PAUL J. SMITH, SECRETARY OF LABOR AND INDUSTRY, COMMONWEALTH OF PENNSYLVANIA, AND DEPARTMENT OF LABOR AND INDUSTRY, COMMONWEALTH OF PENNSYLVANIA, RESPONDENTS



Appeal from the Order of the Secretary of Labor and Industry in case of In Re: The Objection Brought By Port Authority of Allegheny County to the Assessment made under Section 446 of The Pennsylvania Workmen's Compensation Act, dated September 27, 1976.

COUNSEL

Dennis L. Veraldi, with him Ruffin, Hazlett, Perry & Lonergan, for petitioner.

Van P. Braswell, Assistant Attorney General, for respondents.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers and Blatt. Opinion by President Judge Bowman.

Author: Bowman

[ 33 Pa. Commw. Page 411]

The question presented in this appeal is whether the Port Authority of Allegheny County (Port Authority)

[ 33 Pa. Commw. Page 412]

    is exempt from paying the annual assessment to the Workmen's Compensation Administration Fund (Fund) assessed upon insurers and self-insurers by Section 446(b) of The Pennsylvania Workmen's Compensation Act (Act).*fn1 We conclude that the Port Authority is not exempt from paying the assessment to the Fund.

To provide a fund for payment of necessary State expenses in administering the Act, Section 446 was added. It provides, in pertinent part:

(a) There is hereby created a special fund in the State Treasury, separate and apart from all other public moneys or funds of this Commonwealth to be known as the Workmen's Compensation Administration Fund. The purpose of this fund shall be to finance the operating and administrative expenses of the Department of Labor and Industry . . . in the direct administration of The Pennsylvania Workmen's Compensation Act and The Pennsylvania Occupational Disease Act. . . .

(b) The fund shall be maintained by no more than one (1) annual assessment payable in any calendar year on insurers and self-insurers under this act, including the State Workmen's Insurance Fund. . . .

77 P.S. ยง 1000.2(a), (b).

Subsequent to the creation of the Fund, the Department of Labor and Industry (Department), acting pursuant to Section 446, assessed the Port Authority $10,428.00, the amount calculated to be its contribution to ...


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