Home Members Only Find Member News Join PaTLA Consumers Login Logout Renew

News & Case Notes
Subscribe to the Newsletter
PaTLA E-Newsletters
E-Mail Listservs
View Case Notes
Legislative News
Around the State
News from ATLA

PaTLA: fostering public awareness and understanding of the role of the trial lawyer in the administration of justice.

Shopping Cart

Workers’ Comp:
Employee’s estate not able to pursue specific loss claim

(3/29/2004) -- The estate of a Sunoco employee, who was killed in a motor vehicle accident while on the job, is not eligible to pursue a claim for the loss of her amputated leg, the Pennsylvania Commonwealth Court has ruled. In Estate of Rosalie Harris v. WCAB (Sunoco, Inc. and Esis/Signa), the Commonwealth Court on March 24 ruled that the family’s claim had no grounding under the Workers’ Compensation Act. In its decision, the court affirmed the decision of the Workers’ Compensation Appeal Board that while Harris was still alive, she was eligible to pursue a specific loss benefit for her amputation, but this eligibility did not survive her death by transfer to the Estate.

“The Estate would have this Court create a new category of claim, i.e., payment of specific loss benefits to an estate, not a dependent, where death is caused by the work-related injury and not by another cause,” wrote Judge Hannah Leavitt. “This claim has no grounding in the language of the Act and is at odds with case law precedent. The General Assembly has spoken and we are so bound.”

The full text of the opinion is available on the appellate court’s web site

PaTLA 121 South Broad Street, Suite 600 Philadelphia, PA, 19107
Tel   215.546.6451 Fax  215.546.5430
Copyright © 2004, PaTLA All Rights Reserved