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McELHENEY v. W.C.A.B.

940 A.2d 351 (2008)

Daniel McELHENEY v. WORKERS' COMPENSATION APPEAL BOARD (KVAERNER PHILDELPHIA SHIPYARD). Appeal of Kvaerner Philadelphia Shipyard.

Supreme Court of Pennsylvania.

Decided February 19, 2008.

Attorney(s) appearing for the Case

Paul C. Cipriano, Jr., for Kvaerner Philadelphia Shipyard, Inc.

Amber Marie Kenger, Richard C. Lengler, Harrisburg; for Worker's Compensation Appeal Board.

Brian R. Steiner, Steiner, Segal, Muller & Donan, Reading, for Daniel McElheney.

CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN, FITZGERALD, JJ.

OPINION

Chief Justice CASTILLE.

The single issue before the Court is: when is an injured worker entitled to concurrent compensation under both the federal Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. § 901 et seq., and the Pennsylvania Workers' Compensation Act ("PWCA"), 77 P.S. § 1 et seq. Resolution of this issue turns on the construction of terms in the LHWCA, specifically, whether the worker was injured...

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