Pennsylvania Court Affirms Dismissal of Workers’ Compensation Claims Where Injury Occurred in New York

A Pennsylvania state court affirmed an order from the Workers’ Compensation Appeal Board that dismissed the petitioner’s workers’ compensation claims for lack of jurisdiction.  Section 305.2 of the Pennsylvania’s Workers’ Compensation Act permits jurisdiction for out-of-state injuries if, inter alia, the employment was principally localized in Pennsylvania or the employment contract was made in Pennsylvania and the employment was not principally located in any state.  The petitioner argued that jurisdiction was proper where he had previously worked for his employer on several individual jobs in Pennsylvania and the work he performed out-of-state was only scheduled to, and in fact did, last a short time.  The court disagreed, finding that jurisdiction would not lie where (1) the injury occurred out-of-state, (2) there was substantial evidence that the petitioner was hired to perform work principally in New York, and (3) the petitioner had worked for other employers after his work in Pennsylvania and before beginning the job where the injury occurred.  Because there was not a continuous employment relationship, the court would not consider the respondent’s previous work in Pennsylvania.