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.

 

Select an attorney

Pennsylvania Workers’ Compensation

If you get hurt on the job, you’re entitled to compensation for your injuries. Our attorneys will help you file your claim successfully.
Learn More

Social Security Disability

If you have a medical condition and can not work, you may be eligible for Social Security disability benefits. Contact us today for a FREE consultation.
Learn More

My Case Status for Existing Clients

All current clients have access to My Case Status. This website allows them access to check the status and progression of their case, update their information, securely send and receive medical and case-related documents, contact their legal team, and watch helpful videos.

Click here to access My Case Status.

Learn More