# Commonwealth v. Transit Casualty Insurance

> Commonwealth Court of Pennsylvania · June 25, 1975 · 20 Pa. Commw. 43

URL: https://www.frixlaw.com/law-library/cases/6362484

## Case

- **Full name:** Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission v. Transit Casualty Insurance Company
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** June 25, 1975
- **Citations:** 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
- **Precedential status:** Published
- **Opinion:** Dissent by Bowman
- **Judges:** Blatt, Bowman, Crumlish, Kramer, Mencer, Rogers, Wilkinson
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6362484

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6362484. Public record. Not legal advice.