Want to know about workers’ compensation Law? Here are some updates regarding findings of the Commonwealth Court regarding Workers’ Compensation cases and course and sope of employment.
In November the Commonwealth Court, In the case of 1912 Hoover House Restaurant v. WCAB (Soverns) affirmed the Workers’ Compensation Judges’ findings that a claimant who was bitten by a co-worker’s dog while on a smoke break is compensable as a work injury. the court found the claimant was in the course and scope of his employment. The employer allowed such breaks on their property during working hours. But for their employment the worker would not have been at that location when they were.
Also, the Commonwealth court, in the case of Smko v. WCAB (USS Corp. Edgar Thompson Works) upheld a decision by the Workers’ Compensation Appeal Board who reversed a workers’ compensation judge. The judge had found that an employee was not on a special mission and not in the course and scope of employment when they were involved in a motor vehicle accident on their way to work under the going and coming rule. Special mission is one of the enumerated exceptions to the going and coming rule. However the higher courts reversed reasoning that since attending such meetings was a regular part of the claimant’s work duties it fell within another enumerated exception, furthering the interest of the employer, not a special mission and awarded benefits.
If you or a loved one have questions about your Pennsylvania Workers’ Compensation Case, have suffered a work injury and are denied benefits, or are collecting worker’s compensation benefits and the insurance company is sending you letters you need an attorney who knows the workers’ compensation laws and the system. At Dugan & Associates we handle workers’ compensation cases every day and are more than familiar with workers’ compensation rights for injured workers and their families. For questions about Workers’ Compensation Law call Dugan & Associates, Lawyers Representing Injured People. 1-800-772-5422. We Fight For The Check You Deserve!