Opinion

Commonwealth v. Transit Casualty Insurance

  • 20 Pa. Commw. 43
  • 340 A.2d 624
  • 11 Empl. Prac. Dec. (CCH) 10,832
  • 16 Fair Empl. Prac. Cas. (BNA) 1337
  • 1975 Pa. Commw. LEXIS 1063
Court
Commonwealth Court of Pennsylvania
Filed
Jun 25, 1975
Status
Published
Author
Bowman
On the bench
Blatt, Bowman, Crumlish, Kramer, Mencer, Rogers, Wilkinson
Cited by
6 cases
Authority
More cited than 9.0%

The opinion

Dissenting Opinion by

President Judge Bowman:

I dissent from that portion of the majority opinion which concludes that section 9 of the Act read together with section 5(e) affords the Commission authority in this case to award to complainant loss of earnings to be *56 paid by respondent, which was not her employer. The majority structures this conclusion on the theory that an award of lost earnings “amounted to an award of back pay.” I cannot agree. An award of back pay necessarily entails an employer-employee relationship, which does not exist here. An award of lost earnings — measured by loss of pay — is a recognized compensable damage. This Court has repeatedly held that the Commission lacks authority in law to award compensatory damages incident to adjudications finding a respondent to have acted in violation of the Act. Zamantakis v. Pennsylvania Human Relations Commission, 10 Pa. Commonwealth Ct. 107 , 308 A.2d 612 (1973).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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