Duquesne Law Review


David B. Torrey


As is the case in any system designed to facilitate the vindication of an individual's or group's rights, the Pennsylvania Workmen's Compensation and Occupational Disease Acts include a number of procedural limitations governing the time within which those rights must be asserted. This article examines the nature of the various limitations of the acts and details their current application. Undertaken first is an attempt to organize the limitations into categories derived from their theoretical and pragmatic origins. Primary attention is given to the acts' "statutes of repose," limitations which have often forgotten and archaic theoretical origins. In the final part of the article, detailing application of the limitations, special attention is given to the problems of limitations commencement in cases of non-traditional injuries such as mental disability and aggravation. Among the author's conclusions is the recommendation that prudence on the part of courts be exercised as the limitations law in this new area of workmen's compensation is developed.

First Page


Included in

Law Commons