Opinion

Alston v. St. Paul Ins. Companies

  • 389 Pa. Super. 396
  • 567 A.2d 663
  • 1989 Pa. Super. LEXIS 3594
Court
Supreme Court of Pennsylvania
Filed
Dec 8, 1989
Status
Published
Author
Rowley
On the bench
Cirillo, President Judge, and Brosky, Rowley, McEwen
Cited by
13 cases

aside from intentional acts of a third person intended to injure an employee for reasons personal to him, the Act provides an injured worker with an exclusive remedy at law; in essence the Act is based on a theory of trade-offs: the employer is forced to surrender the numerous defenses which may be available at common law; however, the injured employee’s recourse is strictly confined to those remedies provided by the Act

How later courts described this case

  • aside from intentional acts of a third person intended to injure an employee for reasons personal to him, the Act provides an injured worker with an exclusive remedy at law; in essence the Act is based on a theory of trade-offs: the employer is forced to surrender the numerous defenses which may be available at common law; however, the injured employee’s recourse is strictly confined to those remedies provided by the Act

Written by the judges who cited it.

The opinion

ROWLEY, Judge,

dissenting.

I join the Dissenting Statement by Judge Johnson. I also join in the compelling analysis by Judge Brosky contained in the last two paragraphs of his Concurring and Dissenting Opinion. However, I do not agree with Judge Brosky’s conclusion that the findings by the Workmen’s Compensation Appeal Board are res judicata as to the claims asserted by appellants in the present case.

MELINSON, J., joins.

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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