East v. Workers' Compensation Appeal Board

ARGUED: March 3, 2003 OPINION This appeal presents a question of first impression: whether the Minority Tolling Statute, 42 Pa.C.S. § 5533(b), 1 is applicable to a claim for benefits under the Workers' Compensation Act 2 (Act). For the reasons that follow, we hold that it is not and reverse the order of the Commonwealth Court. In November of 1983, Irvin East (Decedent) became disabled as a result of a work-related injury he sustained while employed by Appellant, USX Corporation 3 (Employer). In April of 1985, Decedent died as a result of his injury. Pursuant to an Agreement for Compensation for Death (Agreement), Employer paid dependent death benefits to Decedent's wife, Joan Green, and son, Irvin K. East. Employer ceased paying benefits to Irvin K. East on his eighteenth birthday on April 28, 1989, and to Joan Green upon her death on September 12, 1993.