Rider v. Gensimore Trucking, Inc.

Superior Court of Pennsylvania

Rider v. Gensimore Trucking, Inc.

403 A.2d 116, 266 Pa. Super. 107, 1979 Pa. Super. LEXIS 2196

Superior Court of Pennsylvania·Decided May 11, 1979·No. No. 2420·Published

Opinion

PER CURIAM:

The order of the court below is reversed. Section 303(b) of the Pennsylvania Workmen’s Compensation Act, Act of December 5, 1974, P.L. 782, No. 263, § 6 (77 P.S. § 481(b)) is not be be applied retroactively. Bell v. Koppers Co., Inc., 481 Pa. 454, 392 A.2d 1380 (1978).

Appellant’s challenge to the constitutionality of Section 303(b) raises an issue which this court has previously addressed; we found, by an equally divided court, that the statute did not violate the federal or our state constitutions. Tsarnas v. Jones & Laughlin Steel Corp., 262 Pa.Super. 417, 396 A.2d 1241 (1978).

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PER CURIAM:

The order of the court below is reversed. Section 303(b) of the Pennsylvania Workmen’s Compensation Act, Act of December 5, 1974, P.L. 782, No. 263, § 6 (77 P.S. § 481(b)) is not be be applied retroactively. Bell v. Koppers Co., Inc., 481 Pa. 454, 392 A.2d 1380 (1978).

Appellant’s challenge to the constitutionality of Section 303(b) raises an issue which this court has previously addressed; we found, by an equally divided court, that the statute did not violate the federal or our state constitutions. Tsarnas v. Jones & Laughlin Steel Corp., 262 Pa.Super. 417, 396 A.2d 1241 (1978).

Rider v. Gensimore Trucking, Inc., 403 A.2d 116, 266 Pa. Super. 107, 1979 Pa. Super. LEXIS 2196 (Pa. Ct. App. 1979).

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Opinion

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