Scranton Clarks Summit PA Work Injury Lawyers- Workers Compensation

Date: August 15, 2012
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Bob was hired by the XYZ Promotions to work for the weekend at a charity golf tournament in Clarks Summit. Bob’s job was to watch over a new SUV that was being offered as a prize to hitting a hole-in-one at the tournament. The SUV was displayed under a tent on the 4th hole at the golf course. Bob was assigned the overnight shift to keep an eye on the SUV as there had been some vandalism  to the hole-in-one prize at the previous year’s tournament. Bob was given specific instructions that he was to remain in the tent with the SUV at all times during his shift. He was provided with a comfortable chair and a two-way radio to use to radio his supervisor if he needed assistance or if he needed to take a break. Bob had heard that the golf course had a beautiful cascading waterfall on the 18th hole that was a sight to see on moonlit nights. At about 3 am, Bob left the tent without radioing his supervisor and set out for the 18th hole to check out the waterfall. Unfortunately, Bob lost his balance on the 16th hole tee box, fell and broke his leg. Bob filed a workers compensation claim seeking payment for his medical bills and his loss of earnings.

Question:  Does Bob have a valid workers compensation claim?

Answer: No. It does not appear that Bob has a valid workers compensation claim under the Pennsylvania Workers Compensation Act. In order to establish a claim for benefits, an injured worker must show that he or she was in the course and scope of employment at the time the injury occurred or that he or she was performing an activity that is in furtherance of the employer’s business or affairs. In Bob’s case, he was specifically told to remain in the tent. He failed to do so. He was also specifiaclly told that if he wanted a braek , he shoulkd radio his supervisor. He failed to do so. Instead, he wandered the golf course to an area that was remote from his work station and was injured doing so. His conduct will not be construed as in the furtherance of his employer’s business or affairs. His claim will likely be denied.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

 

 

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

 

 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.