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RANDY TAYLOR v. WORKMEN'S COMPENSATION APPEAL BOARD (ACE INSTALLERS (06/20/88)

decided: June 20, 1988.

RANDY TAYLOR, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (ACE INSTALLERS, INC., BEACON CONTRACTORS, INC., INSURANCE COMPANY OF NORTH AMERICA), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in the case of Randy Taylor v. Ace Installers, Incorporated, No. A-91234.

COUNSEL

Joseph M. Ludwig, for petitioner.

Ned Trbovich, Law offices of Daniel F. Lacava, for respondents, Ace Installers, Inc., and Insurance Company of North America.

Eugene F. Scanlon, Jr., Dickie, McCamey & Chilcote, for respondents, Beacon Contractors, Inc. and Insurance Company of North America.

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 189]

Randy Taylor (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)(2) 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)(2). We reverse and remand.

Claimant was hired in Coraopolis, Pennsylvania by a Virginia corporation, Ace Installers, Inc. (Ace), to supervise the installation of furniture in hotels in Crystal City, Virginia, from February 12, 1982 until March 20, 1982. Claimant was told by the owner of Ace, Frank Delumba, that he would be working in Virginia at this one job for a limited period of time, but that additional jobs could become available. Claimant was subsequently contacted by Frank Delumba on behalf of another corporation he owned, Beacon Contractors, Inc. (Beacon), and told there was another job available in Dallas, Texas. Claimant accepted this job and worked in Dallas from June 24, 1982 to July 15, 1982. While in Dallas, Claimant was offered and accepted another job in Miami, Florida. Claimant then worked in Miami from August 22, 1982 until September 28, 1982. While in Miami, Claimant was offered yet another job by Beacon in Marco Island, Florida. Claimant accepted this job

[ 117 Pa. Commw. Page 190]

    and worked in Marco Island from October 26, 1982 until November 24, 1982, when he injured his lower back moving furniture. Claimant subsequently filed a claim petition against both Ace and Beacon which the referee dismissed finding that he had no jurisdiction under Section 305.2(a)(2) of the Act.

Section 305.2(a)(2) 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 ...


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