Opinion
No. 94 WAL 2023
10-13-2023
Brad Lee HEROLD, as Executor of the Estate of William L. Herold v. UNIVERSITY OF PITTSBURGH - OF COMMONWEALTH SYSTEM OF HIGHER EDUCATION and 3M Company; ABB Motors and Mechanical, Inc. f/k/a Baldor Electric Company; Allied Glove Corporation; A.O. Smith Corporation; Armstrong International, Inc.; Aurora Pump Company; Baltimore Aircoil Company, Inc.; Beazer East, Inc. individually and as Successor to Koppers Company, Inc., and Successor-in Interest to Thiem Corporation and Universal Refractories Company; BMI Refractor Services, Inc.; individually and as Successor-in-Interest to Premier Refractories, Inc., f/k/a Adience, Inc., Successor-in-Interest to Adience Company, LP, as Successor to BMI, Inc.; Burnham Boiler Corporation n/d/b/a Burnham Commercial; Bryan Steam, LLC; Carrier Corporation; CBS Corporation, a Delaware Corporation, f/k/a Viacom Inc., Successor by Merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation and Westinghouse Air Brake Company; Cleaver Brooks, Inc., f/k/a Aqua-Chem, Inc. d/b/a Cleaver Brooks Division; Crane Co.; Delval Equipment Corporation; DeZURIK, Inc.; Donald McKay Smith, Inc.; Dunham-Bush, Inc.; E.E. Zimmerman Company; Eaton Corporation in its own right and as Successor to Cutler-Hammer, Incorporated; Eichleay Corporation; Ferro Engineering Division of on Marine Services Company, LLC, f/k/a Oglebay Norton Company; Flowserve US, Inc., individually and as Successor to Byron Jackson Pumps, Flowservegestra, Durametallic Corp., Aldrich Pumps; Cameron Pumps; Vogt Valves; Wilson-Snyder Centrifugal Pump; and Rockwell Valves; FMC Corporation, individually and as Successor-in-Interest to Peerless Pump Company, Chicago Pump Company, Sterling Fluid System, Inc. and Former Subsidiary Crosby Valve, Inc.; Foseco, Inc.; Foster Wheeler Corporation; Gardner Denver, Inc.; General Electric Company; Grinnell LLC; Goulds Pumps, LLC; I.U. North America, Inc.; America, Inc. as Successor-by-merger to the GARP Company, f/k/a The Gage Company, f/k/a Pittsburgh Gage and Supply Company; IMO Industries, Inc., f/k/a Imo Delaval, Inc., f/k/a Transamerican DeLaval, Inc., f/k/a DeLaval Turbin, Inc., DeLaval Turbin, Inc., DeValeo Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation, f/k/a ITT Industries, individually and as Successor-in-Interest to Bell & Gossett Domestic Pump; J.H. France Refractories Company; Kruman Equipment Company; Mallinckrodt US LLC, in its own right and as Successor-in-Interest to IMCERA Group, Inc., and International Group, Inc., and International Minerals and Chemical Corporation, and as Successor-in-Interest to E.J. Lavino; Mine Safety Appliances Company, LLC as Successor-in-Interest by Merger with Mine Safety Appliances Company; Minnotte Contracting Corporation; M.S. Jacobs & Associates, Inc.; Nagle Pumps, Inc.; Peerless Industries, Inc.; Power Piping Company; Riley Power Inc.; Safety First Industries, Inc., in its own right and as Successor-in-Interest to Safety-First Supply, Inc.; Schneider Electric USA, Inc. f/k/a Square D Company, in its own right and as Successor to The Electric Controller and Manufacturing (EC&M); Spirax Sarco, Inc.; 8PX Cooling Technologies, Inc., f/k/a Marley Cooling Technologies Inc., f/k/a The Marley Cooling Company; Taco, Inc. f/k/a Taco Heaters, Inc.; The Goodyear Tire & Rubber Company; The Gordon-Rupp Company; The H.B. Smith Company, Inc.; Trane U.S. Inc., Successor-by-Merger to American Standard, Inc., Union Carbride Corporation; United States Steel Corporation; Warren Pumps LLC; Weil-McLain Company, Inc.; York International Corporation; and Zurn Industries, LLC f/k/a Zurn Industries, Inc. a/k/a Erie City Iron Works Petition of: University of Pittsburgh of the Commonwealth System of Higher Education
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
PER CURIAM
AND NOW, this 13th day of October, 2023, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is:
Whether the Commonwealth Court opinion:
(A) conflicts with other appellate court decisions, in that it: (1) fails to overrule the [t]rial [c]ourt’s determination that the [t]rial [c]ourt, rather than the workers’ compensation authorities, has subject matter jurisdiction over Mr. Herold’s asbestos-related occupational disease claim against his employer under the ODA, and (2) fails to uphold the express language of the Pennsylvania Occupa
tional Disease Act, including its exclusive remedy provision; and
(B) presents questions of substantial public importance that require prompt and definitive resolution by the Supreme Court of Pennsylvania.
The Application for Relief in the Nature of a Stay, the Supplemental Answer to Application for Relief in the Nature of a Stay, and the Application for Leave to File Notice of Supplemental Authority to Application for Relief in the Nature of a Stay are DENIED as moot.