A threshold element of Workers’ Compensation law is the requirement that an injury takes place in the “course and scope” of one’s employment in order to be compensable. Earlier this week, the Pennsylvania Commonwealth Court issued a nonprecedential decision in Lombardi v. Workers’ Compensation Appeals Board (UPMC Health Plan), 208 C.D. 2021 (5/7/2021), which delves into the basics of the law surrounding the course and scope of employment issue.
Parenthetically, Rule 126 of the Pennsylvania Rules of Appellate Procedure was amended in 2019 to define a “nonprecedential decision” as an “unreported memorandum opinion of the Commonwealth Court filed after Jan. 15, 2008.” While such nonprecedential decisions are not strictly binding, they may be cited for their persuasive value. This is noteworthy since most of the Commonwealth Court’s workers’ compensation decisions issued since the 2019 amendment have been nonprecedential. However, much like Lombardi, these decisions often offer a primer in the basics of various aspects of the law worthy of review.
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