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MCBRIDE TRANSPORTATION COMPANY v. COMMONWEALTH PENNSYLVANIA (04/18/80)

decided: April 18, 1980.

MCBRIDE TRANSPORTATION COMPANY, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND RICHARD L. PARKER, RESPONDENTS



Appeals from the Orders of the Workmen's Compensation Appeal Board in case of Richard L. Parker v. McBride Transportation Company, Rehearing No. 3834.

COUNSEL

J. Bruce Walter, Rhoads, Sinon & Hendershot, for petitioner.

George W. Teets, Mattes, Mattes & Mattes, P.C. for respondents.

President Judge Crumlish and Judges Rogers and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers. Judge Williams, Jr., dissents.

Author: Rogers

[ 50 Pa. Commw. Page 594]

McBride Transportation, Inc. (McBride) has filed appeals from two orders of the Workmen's Compensation Appeal Board (Board) granting compensation to Richard L. Parker (claimant) for disability from a work-related injury.

On June 2, 1977, Parker, a resident of Pennsylvania, filed a claim petition alleging disability from an injury sustained in Pennsylvania while in the course of his employment with McBride, a New York trucking firm. Hearings were held before referee

[ 50 Pa. Commw. Page 595]

Harry C. Shayhorn at which neither McBride nor anyone on its behalf appeared. Neither had McBride at this time notified its insurance carrier of Parker's claim. By order dated January 9, 1978, the referee awarded compensation. The referee's order was circulated January 18, 1978.

On or about January 23, 1978, McBride mailed to referee Shayhorn, with copy to the Board, the following letter, dated January 23, 1978:

Dear Sir:

Reference Richard L. Parker, Route 191, Cresco, Pa. 18326.

(1.) Richard L. Parker was employed at our Goshen, New York Terminal.

(2.) Richard L. Parker belonged to the International Brotherhood of Teamsters Local 445 and was covered by disability with them. I have enclosed the forms from his personnel file.

(3.) Please note that the New York State Insurance Fund is the Workmen's Compensation Carrier.

(4.) Reference paragraph 4 of your finding of fact, we never employed a tractor ...


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