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JOSEPH E. LOJEK v. ALLSTATE INSURANCE CO. (09/26/86)

filed: September 26, 1986.

JOSEPH E. LOJEK, APPELLANT,
v.
ALLSTATE INSURANCE CO.



Appeal from the Judgment of the Court of Common Pleas, Civil Division, of Washington County at No. 250 May Term 1983.

COUNSEL

John P. Liekar, Jr., Canonsburg, for appellant.

Stephen P. McCloskey, Washington, for appellee.

Del Sole, Montemuro and Popovich, JJ.

Author: Popovich

[ 357 Pa. Super. Page 144]

This is an appeal by appellant, Joseph E. Lojek, from order and judgment entered in the Washington County Court of Common Pleas in favor of appellee, Allstate Insurance Company (hereinafter referred to as "Allstate").

Appellant filed an action on May 20, 1983 to recover work loss benefits under the Pennsylvania No-Fault Motor Vehicle Insurance Act, (hereinafter referred to as "No-Fault Act"), the Act of July 19, 1974, P.L. 489, No. 176, Art. I, § 101, 40 Pa.S.A. § 1009.101, et seq. Appellant had been injured in a motor vehicle accident on July 31, 1979. Since the accident occurred within the scope of his employment, appellant recovered workmen's compensation benefits in the form of medical expenses and wage loss indemnity payments. Allstate's liability was limited to payment of excess work loss benefits.

Allstate acknowledged that appellant was entitled to work loss benefits and began paying benefits for the period of time from May 20, 1981 through the present time, at the

[ 357 Pa. Super. Page 145]

    rate of $110.76 per month. Allstate denied appellant's claim from the date of the accident, July 31, 1979, until May 20, 1981, more than two years prior to filing the instant action.

The case was submitted to the lower court on a stipulation of facts. The lower court sustained Allstate's position that appellant's claim for work loss benefits for the period from July 31, 1979 to May 20, 1981 was time-barred and dismissed appellant's complaint. A post-trial motion for relief was dismissed. Judgment was entered in favor of Allstate. This appeal followed, and we affirm.

Appellant presents two issues on appeal: (1) whether appellant's claim for work loss benefits for the period from July 31, 1979 to May 20, 1981 is time-barred under § 106(c)(1) of the No-Fault Act since appellant filed his claim within four years from the date of the accident; and, (2) whether appellant is entitled to attorney's fees by virtue of Allstate's failure to pay the work loss benefits claim.

Appellant contends that his claim for work loss benefits for the period from July 31, 1979 to May 20, 1981 is not time-barred under § 106(c)(1) of the No-Fault Act since § 106(c)(1) contains a four-year statute of repose which governs the instant claim for work loss benefits. Appellant states that the accident occurred July 31, 1979, and he filed his claim on May 20, 1983. Thus, appellant contends that, since his claim was filed within four years of the date ...


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