The Pennsylvania Superior Court affirmed a Lower Court ruling denying summary judgment to National Casualty Company in National Casualty Company v. Kinney et. al.
In summary, Kinney along with other employees of Tobyhanna Army Depot participated in a ridesharing program which was funded by vouchers issued by Tobyhanna Army Depot. During the course of their commute there was an auto accident and a claim was submitted to National Casualty Company ("NCC") the insurance company for the van operator.
NCC filed a declaratory judgment action seeking a determination that the Pennsylvania Workers Compensation Act applied and that the employees sole remedy was against their employer since they were injured during the course of their employment. Below, the Lower Court denied NCC's motion for summary judgment and NCC then appealed to the Pa Superior Court.
First, the Court found that the order was appealable since they were out of court when their request for declaratory relief was denied. Second, the Court found that the ride sharing program did not provide an exception regarding the applicability of the Workers Compensation Act and that the Act did not apply to the workers who were injured during their commute to work. As a result, NCC must provide coverage for the accident.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
