Pa. Commonwealth Court Takes Up Coming-and-Going Rule
As is well known, commuting to and from work is not considered to be within the course and scope of one's employment.
April 06, 2022 at 12:08 PM
8 minute read
Last month, the Pennsylvania Commonwealth Court saw fit to issue a precedential decision in the matter of Bark v. Sooner Steel, (Workers' Compensation Appeal Board), thereby thrusting the so-called "coming-and-going rule" to the forefront of workers' compensation law. As is well known, commuting to and from work is not considered to be within the course and scope of one's employment. However, there are exceptions to the coming-and-going rule, outlined in the 1991 Pennsylvania Supreme Court case of Peterson v. Workers' Compensation Appeal Board (PRN Nursing Agency), 597 A.2d 1116 (Pa. 1991). These exceptions are:
- the employment contract includes transportation to and/or from work;
- the claimant has no fixed place of work;
- the claimant is on a "special assignment or mission" for the employer; or
- special circumstances are such that the claimant was further the business of the employer.
The Bark decision, like most coming-and-going rule cases, offers a refresher on many of the relevant factors that go into whether someone injured in an apparent commute to or from work can still be eligible to receive workers' compensation benefits. It also reinforces the fact-specific nature of such cases.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 4What We Know About the Kentucky Judge Killed in His Chambers
- 5'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250