Pennsylvania Superior Court Refines Co-Employee Immunity

In this matter, the plaintiff was seriously injured while operating a skid steer. The skid steer was owned by the defendant personally, but was loaned to the defendant’s separate business entity, which the plaintiff worked for. The plaintiff filed an uncontested worker’s compensation claim against the business, but then brought suit against defendant-owner for claims related to a lack of maintenance of the skid steer. The defendant-owner sought summary judgement, arguing he was the plaintiff’s ‘co-employee’ and immune from suit pursuant to 77 P.S. § 72.

The Pennsylvania Supreme Court held that for 77 P.S. § 72 to apply, the injury must be caused by negligence that occurred within the co-employee’s course and scope of his employment; indicating while not expressly stated, it is implicit to the statute. In the instant case, the defendant’s personal maintenance of the skid steer occurred outside of the course and scope of the defendant’s operation of his business. Thus, claims related to the maintenance of the skid steer would be separate from those concerning the operation of business, and therefore, not subject to immunity under 77 P.S. § 72.  

This holding narrows co-employee immunity for negligence under the Worker’s Compensation Act to only those injuries caused by a co-employee while in the course/scope of their employment. This strengthens opportunities for employee-plaintiffs to file suits against owners who operate multiple entities.