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    PA Lawyers Comment On Supreme Court’s Decision To Review “Good Samaritan” Case

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    After an employer filed an appeal, the Pennsylvania Supreme Court will review a case in which the employer claims an injured employee’s actions were not in the scope of his employment and, therefore, should not be covered by workers’ compensation.

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    (prREACH)

    The Pennsylvania Supreme Court has agreed to review a case in which a judge determined that an employee acting as a good samaritan could not be denied workers’ compensation. The review comes after the employer filed an appeal.

    Nearly six years ago, the employer disputed the workers’ compensation claim that their employee had made, after he suffered injuries to his left leg, knee, ribs, back, lungs, and head. His employer alleged that the claim wasn’t valid because the accident which caused the injuries took place when the worker wasn’t performing his actual job.

    The accident took place when the employee noticed that a fellow worker had fallen into a large concrete pit and wasn’t moving. By the time he reached the worker, he found that the man had already died from his injuries. As he was climbing out of the pit on a ladder to call for help, he himself fell and sustained serious injuries.

    The matter went to court and the judge determined that “attempts to render aid to another do not, in and of themselves, constitute an abandonment of employment.” Since it was determined that the worker did not, in fact, abandon his work at the time of his accident, he was entitled to compensation through workers’ comp.

    It is not uncommon for employers to dispute the claims made by their employees. For many, the decision is a financial one - if the insurance company pays out numerous claims, the price of the premium will go up. Whatever the reason, if an employer disputes a claim, it can make the process of getting much-needed compensation very difficult for someone who is already suffering from both physical and emotional pain.

    Hopefully, once the Pennsylvania Supreme Court reviews the decision, future good samaritans who become injured won’t have to wait for years before they get the financial support they so desperately need from workers’ comp.

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    Larry Levin

    800-681-7000

    https://bulldoglawyers.com

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