Court Confirms Narrow UR Determinations  <  C&W Journal  >  Positive IRE does not preclude termination

Broad Interpretation of Course of Employment

Nathan Hughes

Source: Allegheny Ludlum Corp. v. WCAB (Hines), 913 A.2d 345 (Pa. Cmwlth. 2006).

Analysis

The decedent was fatally struck by a drunk driver while walking on an employer owned public sidewalk from the parking lot to his check-in station nearly 30 minutes before the employee's shift was to begin. In the ensuing fatal claim litigation, the employer challenged the work-relatedness of the claimant's death. The Court granted the fatal claim petition.

What it Means For You

Courts continue to liberally construe what constitutes a furtherance of the employer’s business. Do not disregard an incident merely because the claimant was not definitively working at the time. Contact a Cipriani & Werner attorney to discuss the specifics of your case.

About C&W

Cipriani & Werner is a professional corporation providing civil litigation and workman's compensation legal services to clients throughout Pennsylvania and New Jersey. If you have questions, feel free to contact Nathan Hughes at (412) 563-2500.

You can also read more about the article's related practice groups:
Workers' Compensation