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.