E.W. BOWMAN, INC v. W.C.A.B., 573 Pa. 411 (2003)

825 A.2d 1251

E.W. BOWMAN, INC. AND VIGILANT INSURANCE COMPANY, Petitioners v. WORKERS’ COMPENSATION APPEAL BOARD (WILSON AND GREAT AMERICAN INSURANCE COMPANY), Respondents.

Supreme Court of Pennsylvania, Western District.
June 16, 2003.

No. 655 WAL 2002, Petition for Allowance of Appeal from the Order of the Commonwealth Court.

ORDER
PER CURIAM

AND NOW, this 16th day of June, 2003, the Petition for Allowance of Appeal is GRANTED, limited to the following issues:

In a case of first impression, whether the Commonwealth Court erred in holding that Section 306(c)(8)(vi) is inapplicable to an insurer, thereby rendering a decision in conflict with Brown v. Travelers Insurance Company, 254 A.2d 27 (Pa 12969)?
In a case of first impression, whether the Commonwealth Court erred in resurrecting the “last injurious exposure

Page 412

rule” by imposing liability upon Vigilant based upon the date of injury established by Section 306(c)(8)(ix) irrespective of evidence of causation?

The Petition for Leave to File Supplemental Petition for Allowance of Appeal is GRANTED.

The Petition for Supersedeas is DENIED.