Date: September 6, 2012

            Paul worked as a construction worker building homes. When Paul got home one night from work, Paul’s wife noticed that there was a tick embedded in Paul’s neck. Paul had been working for several weeks in a wooded area building a home. The bite had already progressed to the point where there was a large red ring around the same. Paul became concerned and went to see his doctor. Paul would undergo a Lyme disease test and in fact the same proved positive.

             Paul had noticed that he was feeling tired and that his joints were aching. Paul then confessed to his doctor and his wife that he had a similar bite three months before at the beginning of the summer. Paul had never mentioned it to anybody though as the mark had gone away on its own. Paul also confessed to his doctor that he had a similar bite the year before but he had never gave much thought to it.

As it turned out, Paul had developed Lyme disease as a result of his delay in treatment. Paul immediately had to undergo aggressive treatment and as a result he missed almost three months of work.

ISSUE:           Is Paul’s absence from work compensable?

ANSWER:     Yes. Presuming that Paul can convince the Judge that in fact his bites were a result of his outdoor exposure while at work, bites such as this from ticks or even spiders and bees are compensable under the Pennsylvania Workers’ Compensation Act.

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. 



Cal Leventhal
Cal is a graduate of the University of Miami (magna Cum Laude) and attended Loyola and Notre Dame law schools graduating in 1976. He is admitted to the Bars of the Supreme Court of Pennsylvania and both state and federal trial and appellate courts situated in Pennsylvania.