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GUY J. OLIVERI v. WORKMEN'S COMPENSATION APPEAL BOARD (I.T.T. GRINNELL) (06/14/88)

decided: June 14, 1988.

GUY J. OLIVERI, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (I.T.T. GRINNELL), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in the case of Guy J. Oliveri v. I.T.T. Grinnell, No. A-92067.

COUNSEL

John D. Hendricks, for petitioner.

Michael E. Relich, Fried, Kane, Walters & Zuschlag, for respondent.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 117 Pa. Commw. Page 145]

Guy J. Oliveri (Claimant) petitions for review of the order of the Workmen's Compensation Appeal Board (Board) dismissing his claim petition for lack of jurisdiction under Section 305.2(a) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 411.2(a). We affirm.

In August of 1981, Claimant was an unemployed plumber and member of Local 27 of the Plumber's Union, whose union hall is located in Crafton, Pennsylvania. He was notified by the business manager of his union that the New York local of the Plumber's Union was advertising for plumbers to work a union job at a nuclear power plant in Oswego, New York being built by I.T.T. Grinnell (Employer). Claimant indicated he was available for this job and his business manager so informed

[ 117 Pa. Commw. Page 146]

    the New York local. Claimant was told to report to the New York local's union hall in Oswego. After checking in with the New York local, Claimant was then directed to Employer's construction site where he filled out the necessary social security and employment papers. Claimant worked for Employer at Oswego, New York from August 8, 1981 until November 7, 1981, when he suffered a myocardial infarction while performing heavy plumbing work. His subsequent claim petition was dismissed by the referee for lack of jurisdiction under Section 305.2(a) of the Act.

Section 305.2(a) states in pertinent part:

(a) If an employee, while working outside the territorial limits of this State, suffers an injury on account of which he, or in the event of his death, his dependents, would have been entitled to the benefits provided by this act had such injury occurred within this State, such employee, or in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by this act, provided that at the time of such injury:

(2) He is working under a contract of hire made in this State in employment not principally localized in any state . . .

(3) He is working under a contract of hire made in this State in employment principally localized in another state whose workmen's compensation ...


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