Workers’ Comp In-Cites
Welcome to the latest edition of Schaff & Young's Workers' Comp In-Cites. Designed to provide our clients with practical insight, Workers' Comp In-Cites outlines recent developments in Pennsylvania workers' compensation law and explains how those decisions impact our clients and their cases. Barbara Young, Michael Schaff and the other attorneys at Schaff & Young, P.C. are always available to discuss these cases – or any other questions or concerns you might have. Just give us a call at (215) 988-0090 or send an email to We look forward to hearing from you.

Course & Scope of Employment – Employer’s Premises Mean the Employer, Not the Jobsite

A claimant leaving a work site is not injured on the employer’s “premises” when (1) the injury did not occur at the work site, (2) the employee was not furthering the business of the employer at the time, and (3) the employer has no interest in or control over the claimant’s chosen route to travel home. In this case, Mansfield Brothers Painting and Selective Insurance Co. of America v. Workers’ Compensation Appeal Board (German), the claimant worked for a painting contractor and was injured while walking to a train station on the premises of the entity that had hired the contractor. Because the injury was not on the employer’s premises, the Commonwealth Court held that the claimant was not on the employer’s premises and his injuries were, therefore, not work-related.

August 2013 Edition
Volume VII
Number 5

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An Employer Need Not Show Job Availability When Non-Work-Related Injuries or Conditions Preclude the Employee’s Return to Work

That’s the holding of the Commonwealth Court in Septa v. Workers’ Compensation Appeal Board (Cunningham), in which the Court held that, under Section 413 of the Workers’ Compensation Act, when non-work-related injuries render a claimant incapable of all possible work activity, an employer is not required to establish the availability of a job in order to obtain a suspension of benefits.

Fatal Claim Statute of Limitations Begins to Run on Date of Underlying Injury, Not the Date of Death

Under Section 301(c)(1) of the Workers’ Compensation Act, a Fatal Claim Petition is barred when the Decedent dies more than 300 weeks after the date of her injury. The term “injury” is limited to the original compensable injury, and does not include any additional injuries that may have occurred as a result of the original injury. So ruled the Commonwealth Court in Whitesell v. Workers’ Compensation Appeal Board (Staples, Inc.).