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POWELL v. W.C.A.B. (BECHTEL POWER)

152 Pa.Commw. 623 (1993)

620 A.2d 582

David M. POWELL, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (BECHTEL POWER CORP., Pa. Mfg. Assoc. Ins. Co., J.N. Lambert, Inc., K and M Corporation, Lumbermens Mutual Casualty, Sterns Catal. Div. of Un Engin, AC and S, Inc., Lambert Insulation, Inc., Performance Contracting, General Accident Ins. Co., Swif, National Union Fire Ins., Travelers Insurance Co., Aetna Casualty & Surety), Respondents.

Commonwealth Court of Pennsylvania.

Decided January 14, 1993.

Reargument Denied March 11, 1993.

Attorney(s) appearing for the Case

James J. Bedortha, for petitioner.

Edward G. Kuyat, Jr., for respondent, Bechtel Power Corp.

Matthew R. Wimer, for respondents J.N. Lambert, Inc. and General Accident Ins. Co.

Edward D. Klym, for respondents Stearns Catalytic Div. of United Engineers and National Union Fire Ins. Co.

David P. Andrews, for respondent Performance Contracting and Aetna Life and Casualty.

Before CRAIG, P.J., PELLEGRINI, J., and BLATT, Senior Judge.

BLATT, Senior Judge.

David M. Powell (claimant) appeals here from an order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's decision dismissing his Claim Petition for failing to notify the employer (Bechtel Power Corp., et al.) of his injury within 120 days of its occurrence as required by Section 311 of The Pennsylvania Workmen's Compensation Act.1

On January 10, 1985, the claimant filed a complaint...

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