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Car accident on the way to work is in course and scope of employment because claimant was sick and had intended to stay home but went to work at employer’s special request.

July 1, 2017
Lutheran Senior Services Management Company v. WCAB (Miller); No. 1074 C.D. 2016; filed Feb. 15, 2017; Judge McCullough

The Commonwealth Court agreed with the Workers’ Compensation Judge and the Appeal Board, finding the claim compensable. The court pointed out that the claimant was considered an “on-call” employee; one who is paid from door-to-door when responding to on-call assignments or emergencies. According to the court, the claimant was ill and had intended to take a sick day and would not have been expected to report to work. But, under the circumstances, the employer especially requested the claimant to come to work. While en route, the claimant began feeling nauseous, which caused him to veer off the road and hit a telephone pole. Therefore, the court found that the claimant was “on the clock” from the time he picked up the employer’s phone call at home and fielded a specific request to come into work. 

 

Case Law Alerts, 3rd Quarter, July 2017

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