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MACOMBER v. W.C.A.B. (PENSKE TRANSP.)

837 A.2d 1283 (2003)

Henry MACOMBER, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (PENSKE TRANSPORTATION SERVICES AND GALLAGHER BASSETT SERVICES AND OLD REPUBLIC INSURANCE COMPANY), Respondents.

Commonwealth Court of Pennsylvania.

Decided December 17, 2003.

Attorney(s) appearing for the Case

Robert A. Sloan, Philadelphia, for petitioner.

Zachary M. Rubinich, Philadelphia, for respondents.

BEFORE: FRIEDMAN, J., and COHN, J., and McCLOSKEY, Senior Judge.

OPINION BY Judge COHN.

This case presents a question of first impression in Pennsylvania: whether the phrase "has a place of business," as used in the extraterritorial injury provision in Section 305.2 of the Workers' Compensation Act,1 (Act) requires that the out-of-state "place of business" be owned or leased by the employer in order for a claimant's employment to be "principally localized...

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