The wife of a flight engineer who died during a layover in Hong Kong can collect workers’ compensation benefits because his employer failed to show he wasn’t acting in the course of his employment, the Commonwealth Court has ruled.
In an Oct. 21 memorandum opinion, a unanimous three-judge panel ruled Atlas Air Inc. presented no evidence to show Frank O’Donnell was acting contrary to the company’s interests when he died after eating a bad breakfast while waiting for a flight. The court also denied the company’s request for a credit against the benefits based on 401(k) contributions and remanded the issue of attorney fees.
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