An employee killed while attempting to apprehend a thief after a robbery of a convenience store was in the course and scope of his employment.

The decedent was scheduled to work the night shift, but he went in early—with his work shirt on—in response to a phone call from a co-worker who needed help with the cash register. After adjusting the cash register, the decedent remained on the employer’s premises to stock and check supplies before beginning his shift. An individual attempted to rob the store. The thief then ran out the door, and the decedent, with others, chased him. As a result of being run over by the thief’s car, the decedent sustained severe traumatic brain injury. The decedent passed away after filing the claim petition.

The Workers’ Compensation Judge granted the claim petition. The Appeal Board reversed, concluding that the decedent was not furthering the employer’s business when he was injured. The Board did not think that the duties of a convenience store manager included the pursuit and apprehension of criminal suspects and held that the claimant abandoned his employment.

The Commonwealth Court reversed. The court pointed out that evidence was presented that many robbery attempts had taken place at the employer’s store over the years. In the past, the employer permitted the decedent to carry a firearm and to thwart robbery attempts without consequence. Thus, the court concluded that the decedent’s job duties as a night manager included securing the safety of his fellow employees and customers and found the claim to be compensable.

Case Law Alerts, 4th Quarter, October 2014