Opinion
Argued October 10, 1975
November 13, 1975.
Workmen's compensation — Occupational disease — The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566 — Appellate jurisdiction — Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, P.L. 673.
1. Appeals from awards of the Workmen's Compensation Appeal Board under The Pennsylvania Occupational Disease Act, Act 1939, June 21, P.L. 566, must be filed in the appropriate court of common pleas and cannot be taken directly to the Commonwealth Court of Pennsylvania. [601]
2. Under the Appellate Court Jurisdiction Act of 1970, Act 1970, July 31, P.L. 673, the Commonwealth Court on its own motion may transfer appeals to the court properly having jurisdiction of the appeal. [601]
Argued October 10, 1975, before Judges CRUMLISH, JR., KRAMER and WILKINSON, JR., sitting as a panel of three.
Appeal, No. 1336 C.D. 1974, from the Order of the Workmen's Compensation Appeal Board in case of Joseph Zvonkovich v. Jones Laughlin Steel Corporation and the Commonwealth of Pennsylvania, No. A-68303.
Petition with the Department of Labor and Industry for occupational disease benefits. Benefits awarded. Employer and Commonwealth appealed to the Workmen's Compensation Appeal Board. Appeal dismissed. Employer appealed to the Commonwealth Court of Pennsylvania. Held: Appeal transferred to the Court of Common Pleas of Greene County.
Raymond F. Keisling, with him Will Keisling, for appellant.
Theodore T. Blair, with him Kuhn, Engle, Blair and Stein, and James N. Diefenderfer, for appellees.
The instant appeal arises from a claim petition filed by appellant on December 21, 1973. The prayer for relief requested "an award for such compensation as may be due me under the Occupational Disease Compensation Act." At the hearing held January 30, 1974, counsel for appellant moved that any award be made under Section 301(g) of The Pennsylvania Occupational Disease Act, Act of June 21, 1939, P. L. 566, as amended, 77 P.S. § 1401(g), (Act), to which appellee's counsel had no objection.
The referee awarded benefits to the claimant and on appeal, the Workmen's Compensation Appeal Board affirmed the referee. Appellant then appealed to this Court.
Section 427 of the Act, 77 P. S. § 1527, provides, in part:
"Any party may appeal from any action of the board on matters of law to the court of common pleas of the county in which the employe was last employed prior to his disability or death or of the county in which the adverse party resides or has a permanent place of business, or, by agreement of the parties, to the court of common pleas of any other county of this Commonwealth. . . ."
Although neither party to this appeal has raised the question of this Court's jurisdiction in this case, the Court may sua sponte raise the issue and transfer the appeal to a proper court. Section 503 (b) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, as amended, 17 Pa.C.S.A. § 211.503 (b). In this case, a proper court of jurisdiction would include the Court of Common Pleas of Washington County, where the appellee was last employed, or the Court of Common Pleas of Greene County, where the appellee resides, or any court of common pleas, agreed to by the parties.
Accordingly, we enter the following
ORDER
NOW, November 13, 1975, it is hereby ordered that the above appeal is transferred to the Court of Common Pleas of Greene County, unless the parties to this action shall notify the Court within 30 days of their agreement that the action be transferred to a different court of proper jurisdiction in which case it shall be transferred to the agreed upon court. The Chief Clerk shall certify to the Prothonotary of the court to which this action is transferred a photocopy of the docket entries of the above appeal and transmit to him the record of said appeal. The Chief Clerk is directed to mail copies of this transfer order to counsel for appellant who is directed to serve a copy thereof on all counsel.