Case Law Update

August 4, 2014

Ace Wire Spring and Form Co. v WCAB (Walshesky), __ A.3d __ (Pa. Cmwlth. No. 1916 C.D. 2013, filed June 10, 2014).


The claimant arrived at work 60-90 minutes before the start of his shift. He then went into the employer’s building to pick up his work uniforms and took them back to his car. On his way back to the building, the claimant slipped and fell on ice, striking his head. The claimant filed a claim petition and the employer defended on a course and scope basis. The WCJ granted the claim petition and the Board affirmed.




In affirming the WCJ’s decision, the Commonwealth Court focused on claimant’s purpose or activities before the start of his shift. The Court found that the claimant’s arrival at work 60-90 minutes before the start of his shift was not an unreasonable amount of time before his shift began. The Court also observed that the claimant’s act of  collecting his uniforms, which were provided and cleaned as an employer-provided benefit, and putting them in his car, before the injury, did not constitute an abandonment of employment, nor did it suggest that the claimant was engaged in an activity completely foreign to his employment, that he had acted against a positive work order or that he was a trespasser, leading up to his shift. Accordingly, the Court found that the injury had occurred while the claimant was in furtherance of the employer’s interests, and therefore, within the course and scope of his employment. The decision to grant the claim petition was affirmed.


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