Workers Compensation

July 23rd, 2019 by Rieders Travis in Workers' Compensation

WORKERS' COMPENSATION-IMMUNITY-INTENTIONAL CONDUCT Grabowski v. Carelink Community Support Services, 2020 Pa. Super. LEXIS 189 (March 9, 2020) Colins, J. A person who worked at a hospital claimed that they were assaulted by a resident and therefore workers’ comp immunity did not apply.  The employer plead the immunity of workers’ compensation.  The court found no “personal animus” on the part of the employer, at least.  The injury is presumed to be work related when it happens on the employer’s premises.  Plaintiff plead she was attacked while working in the course and scope of her employment.  Apparently, this case went through workers’ compensation and Plaintiff successfully obtained benefits.  The personal animus/third party attack exception has been held inapplicable to sexual assaults on employer’s premises where the assailant was a stranger or non-coworker with whom the employer was required to interact in the performance of her job.   WORKERS' COMPENSATION-IMMUNITY-EXCLUSIVITY PROVISION OF 303(a) Burrell v. Streamlight, Inc., 2019 Pa. Super. LEXIS 1110 (November 7, 2019) Colins, J.  In this case, summary judgment was granted for defendant-employer and an appeal taken.  Under the borrowed employee doctrine, where a worker employed by one company is furnished…

WORKERS’ COMPENSATION-SUBROGATION-DISABILITY BENEFITS AND MEDICAL EXPENSES

July 3rd, 2018 by Rieders Travis in Workers' Compensation

Whitmoyer v. Workers’ Compensation Appeal Board, 2018 Pa. LEXIS 2995 (June 19, 2018) Donohue, J.  The Pennsylvania Workers’ Compensation Act (“WCA”) makes an employer liable for paying the disability benefits and medical expenses of an employee who sustains an injury in the course of his or her employment. See 77 P.S. §§ 431 (disability), 531 (medical). This liability attaches without regard to the employer’s negligence. See id; see also Heckendorn v. Consolidated Rail Corp., 465 A.2d 609, 613 (Pa. 1983). Under section 319 of the WCA, however, employers (or their insurance carriers) are “subrogated to the right of the employe” and therefore entitled to reimbursement for certain expenses where a third party caused the employee’s injury. 77 P.S. § 671. The instant matter addresses a specific question about the scope of this reimbursement. Section 319 of the WCA provides, in pertinent part:  Any recovery against such third person in excess of the compensation theretofore paid by the employer shall be paid forthwith to the employe, his personal representative, his estate or his dependents, and shall be treated as an advance payment by the employer on account of any future instalments…