Advertising Disclosure Email Disclosure

The fact that a job has a discrete and limited duration does not make the employee who holds it a traveling employee.

July 1, 2018
Kush v. WCAB (Power Contracting Company); 1688 C.D. 2017; filed May 17, 2018; Judge McCullough

The Commonwealth Court affirmed the decisions of the Workers’ Compensation Judge and the Workers’ Compensation Appeal Board. The court concluded that the “fixed place of work” exception to the “coming and going” rule did not apply. The court noted that the claimant said that he moved equipment to this particular job site when the job began, anticipated working only at that job site on the date of the accident, and worked exclusively at that job site for several weeks before the accident. According to the court, the fact that a job has a discrete and limited duration does not make the employee who holds it a traveling employee. The court also held that travel was not included in the claimant’s employment contract with the employer.


Case Law Alerts, 3rd Quarter, July 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Francis X. Wickersham
(610) 354-8263

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."