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Court Continues to Liberally Construe Course of Employment

Nathan Hughes

Source: Clear Channel Broadcasting v. WCAB (Perry), --- A.2d ----, (Pa. Cmwlth. 2007).

Analysis

The Commonwealth Court continues to liberally construe what actions off the employer’s premises fall within an employee's course of employment. Here, the Court affirmed the granting of a fatal claim petition even though the motor vehicle accident occurred on the employee's ride home an hour after leaving a formal business function. Although there was apparently no written contract, credited testimony that round the clock use of the company car was part of the employment package was enough to invoke an exception to the coming and going rule and implicate the Workers’ Compensation Act.

What it Means For You

Although not a surprise, this ruling is a reminder that Employers need to be aware of the potential workers’ compensation ramification of providing seeming benign employee benefits such as company cars, use of exercise equipment and company picnics. Contact a C&W workers’ compensation attorney if you have questions or concerns about your employee benefits program.

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