Spring v. Sealed Air Corp., 2012 U.S. App. LEXIS 7902 (3d. Cir. May 29, 2012)

3rd Cir. holds that employee failed to demonstrate causal connection between initiation of workers' compensation claim and termination because the record was clear he was terminated for failing to immediately report work-related injury.

The employee alleged that he was wrongfully terminated in violation of Pennsylvania common law in retaliation for filing a workers' compensation claim. In particular, the employee was injured in November 26 and missed work for a number of days thereafter. He did not, however, inform the employer that he injured himself at work until December 3. The employer's policy required that "all injuries, no matter how minor, must be immediately reported to the Department Supervisor." Since the employee failed to report his work-related injury "immediately" and because he had prior disciplinary warnings (including for safety issues), he was suspended pending an investigation, and his employment was ultimately terminated. In holding that the plaintiff's wrongful termination claim failed as a matter of law, the Third Circuit stated that "the record makes clear that [the employee] was suspended and ultimately terminated not for seeking workers' compensation, but for failing to immediately report a workplace injury and for a history of safety issues." In so holding, the Third Circuit rejected the plaintiff's argument that the termination was retaliatory in light of the fact that a Pennsylvania statute provides employees with up to 120 days to report a work-related injury to initiate a workers' compensation claim. In particular, the Third Circuit reasoned that the Pennsylvania statute did not "forbid an employer to require that injuries be reported more quickly as part of the employer's safety policies."

Case Law Alert - 3rd Qtr 2012