BERWICK INDUSTRIES v. W.C.A.B. (SPAID)


537 Pa. 326 (1994)

643 A.2d 1066

BERWICK INDUSTRIES, Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (Coralee A. SPAID), Appellees.

Supreme Court of Pennsylvania.

Decided May 24, 1994.


Attorney(s) appearing for the Case

Frank L. Tamulonis, Jr., Pottsville, for Berwick Industries.

William Keller, Philadelphia, for C.A. Spaid.

Norman Haigh, Secretary, for W.C.A.B.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.


OPINION OF THE COURT

CAPPY, Justice.

The sole issue presented in this appeal is whether the three-year statute of repose at Section 315 of the Workmen's Compensation Act, 77 P.S. § 602, may operate to bar a claim for medical expenses. We hold that such a claim may indeed be barred by Section 315 and, accordingly, reverse the decision of the Commonwealth Court.

The parties agree on the relevant facts. On November 6, 1987, Claimant Coralee...

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