B.P. Oil Co. v. WCAB (DeFrank)

In B.P. Oil Co. v. Workmen's Compensation Appeal Board (DeFrank), 158 Pa. Commw. 8, 632 A.2d 585 (Pa. Cmwlth. 1993), the claimant filed his occupational disease claim prior to learning from his physician that his injury was work related, and the record supported the finding that he was unaware of such injury until so advised by his physician. The Court stated that the claimant filed his petition within the Act's time requirements, and it also concluded that, while unusual, the timing of the filing of the petition was insignificant and that the early notice did not affect the fulfillment of the statutory time requirements of Section 311 or of Section 315.