A woman who saw her co-worker being stabbed while both were on a lunch break will not receive the workers’ compensation benefits the Pennsylvania Commonwealth Court had said she was entitled to, the state Supreme Court ruled this week.
The unanimous high court rejected the claimant’s argument in Kmart Corp. v. Workers’ Compensation Appeal Board (Fitzsimmons) that she was furthering her employer’s business when she helped to disarm the attacker and administered CPR to the victim. Both employees were off the clock and on employer Kmart Corp.’s premises at the time of the stabbing.
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