W. Watt v. WCAB (Boyd Brothers Transportation)

123 A.3d 1155, 2015 Pa. Commw. LEXIS 393, 2015 WL 5331723
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 15, 2015
Docket53 C.D. 2015
StatusPublished
Cited by4 cases

This text of 123 A.3d 1155 (W. Watt v. WCAB (Boyd Brothers Transportation)) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W. Watt v. WCAB (Boyd Brothers Transportation), 123 A.3d 1155, 2015 Pa. Commw. LEXIS 393, 2015 WL 5331723 (Pa. Ct. App. 2015).

Opinion

OPINION BY

Judge ROBERT SIMPSON.

William Watt (Claimant) asks whether the Workers’ Compensation Appeal Board (Board) erred in affirming a Workers’ Compensation Judge’s (WCJ) decision, which denied and dismissed his claim petition for lack of jurisdiction. Claimant contends the WCJ erred in finding his employment was not principally localized in Pennsylvania. Claimant also argues his employment contract, which stated his employment was principally localized in Alabama, is unenforceable and against public policy, and that Section 305.2(d)(5) of the Workers’ Compensation Act (Act) 1 is unconstitutional. Upon review, we affirm.

I. Background

Claimant, an interstate truck driver, filed a claim petition against his employer, *1157 Boyd Brothers Transportation (Employer), alleging he sustained a work injury in New Jersey. Employer denied the material averments. As a matter of further defense, Employer asserted Pennsylvania lacked jurisdiction because Claimant was not injured or hired in Pennsylvania, and he is receiving workers’ compensation benefits in Alabama pursuant to the terms of his employment contract. Hearings before a WCJ ensued.

In support of his claim petition, Claimant testified he was employed as a truck driver for Employer from November 29, 2010, until April 12, 2011. On April 12, 2011, while untarping a cargo load, he felt pain running from the back of his right shoulder into his right arm and down to the fingertips of his right hand. Since the injury, Claimant has not returned to work for Employer in any capacity. He receives workers’ compensation benefits through Alabama’s workers’ compensation system. WCJ’s Op., 9/10/13, Finding of Fact (F.F.) No. 2.

Claimant further testified he is a Pennsylvania resident, and he resided here his entire life, except for three years in the 1980s. Claimant learned Employer hired student drivers on the internet. He completed an online application on his personal computer in Pennsylvania. After passing his driver’s test to obtain his CDL license, Claimant received a phone call from Employer’s representative. The representative scheduled Claimant for orientation in Ohio. She advised Employer would pay him a rate of $400 per week during orientation and training, and $0.36 per mile thereafter. Claimant then received an email confirming orientation beginning November 20, 2010. F.F. Nos. 3, 4.

Claimant attended orientation in Ohio. During orientation, Employer provided training and required him to take various tests. Employer also provided Claimant with a packet of documents, including a document titled “Workers’ Compensation Agreement” (WC Agreement), which he signed. Claimant admitted he read the documents before signing them. On November 24, 2010, Claimant completed his orientation, and he returned to Pennsylvania for the Thanksgiving holiday. On November 29, 2010, Claimant began driving for Employer. F.F. Nos. 5, 6.

Claimant further testified that, during the period of his employment, he kept daily logs of his trips as required by the regulations of the U.S. Department of Transportation. He drove in the state of Alabama on approximately four occasions. According to Claimant’s calculations, of a total 35,924 miles driving during employment, he drove:

6196 miles in Pennsylvania
5031 miles in Virginia
4689 miles in Ohio
2346 miles in Tennessee
Lesser amounts in 22 other states

F.F. No. 7. Of a total of 678.25 hours spent driving his truck for Employer, Claimant calculated he spent:

128 hours driving in Pennsylvania
80.75 hours driving in Ohio
64.75 hours driving in Virginia
42 hours driving in Tennessee
37 hours driving in Maryland
34.75 hours driving in West Virginia
33.5 hours driving in Indiana
31.25 hours driving in Texas
Lesser amounts of hours driving in 18 other states.

F.F. No. 7.

In opposition to the claim petition, Employer presented extensive documentary evidence, including the WC Agreement initialed and signed by Claimant. In the WC Agreement, Employer and Claimant *1158 agreed, in pertinent part, “[t]hat they are subject to the worker’s compensation laws of the State of Alabama.” F.F. No. 8' (quoting WC Agreement -at ¶ 1). In addition, they agreed Employer “is a qualified self-insured pursuant to the regulations of the Alabama Department of Industrial Relations and, as such, administers all worker’s compensation claims from its Worker’s Compensation Offices in Clayton, Ala- bama_” .Id.- (quoting WC Agreement at ¶2). They further agreed Claimant was “hired in Clayton, Alabama after completing the appropriate interview, driving examination, written examination, physical examination and any other pre-employment requirements.” , Id. (quoting WC Agreement at ¶ 3).

Significant to our disposition, Employer and Claimant agreed all workers’ compensation claims for on-the-job injuries “shall be exclusively governed by the workers’ compensation laws, of the State of Alabama. Further, [Claimant’s] agrees with [Employer] that, for purposes of worker’s compensation, [Claimant’s] employment is principally localized within the state of Alabama and that the company’s principle [sic] place of business is Clayton, Alabama.” Id. (quoting WC Agreement at ¶ 6). Claimant’s place of residence shall have no effect on the WC Agreement. Id.

In addition, Employer presented the deposition testimony of Pamela Casey, Employer’s student recruiter (Recruiter) and Betty A, Nix, Employer’s director of recruiting (Director). Recruiter.testified she received an online driver application from Claimant in November 2010. After reviewing the application, she contacted him by phone to obtain his driver’s license number. During the conversation, Claimant informed her he would soon complete driving school and receive his commercial driver’s license. Recruiter advised him that before he is officially hired, he must “clear orientation.” F.F. No. 10. She scheduled him for orientation in Ohio beginning on November 20, 2010. Id.

Director testified she welcomed Claimant to orientation, but she did not advise him he was hired. Director interviewed Claimant from her office in Clayton, Alabama, during his Ohio orientation. She explained, in order to be hired as a driver for Employer, an applicant must successfully complete the orientation process, which includes passing a road test, a physical agility test, a drug test, and other written tests, over a period of five days. F.F. Nos. 12-14.

Employer also presented the deposition testimony of Michael W. Vines, its field recruiting manager (Manager). Manager testified that, before rising to the position of manager in December 2012, he was Employer’s orientation instructor in Ohio.

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Bluebook (online)
123 A.3d 1155, 2015 Pa. Commw. LEXIS 393, 2015 WL 5331723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-watt-v-wcab-boyd-brothers-transportation-pacommwct-2015.