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Court Finds Convenience Store Employee Shot in Employer’s Parking Lot Eligible for Pennsylvania Workers’ Compensation Benefits

In a previous article we discussed the “Going and Coming Rule.” Generally, under the “Going and Coming Rule” injuries sustained while an employee is traveling to and from his place of employment are considered to be outside the course and scope of employment and are, therefore, not compensable under the Pennsylvania Workers’ Compensation Act.

In the case of BC Food Market v. Workers’ Compensation Appeal Board, the Pennsylvania Commonwealth Court considered whether a convenience store employee who was shot in his supervisor’s car outside of the business, shortly after closing the store was eligible for Pennsylvania workers’ compensation benefits.  The workers compensation judge and appeal board both found in favor of the employee and the employer appealed.  The Commonwealth affirmed the decision of lower court finding that the injured worker was in the course and scope of his employment at the time he was shot.  The Court found that even though the car was parked on the street, outside of the employer’s building, the employer’s “premises” includes “reasonable means of access to the situs of an employer’s business.”  In addition, the Court recognized the testimony of the Claimant that he believed the shooting was done in retaliation for his role in apprehending a shoplifter at the store on a previous occasion, however, the Commonwealth Court found that this testimony was irrelevant to the course and scope determination.

If you have been hurt and denied Pennsylvania workers’ compensation benefits because you were not located on the employer’s property you should speak with an experienced Pennsylvania Workers’ Compensation attorney to determine if you have a viable claim.

Ira H. Weinstock, P.C. is located in Harrisburg, PA and serves clients in and around Southeast Pennsylvania. Contact our experienced Harrisburg attorneys today, we can travel if necessary.

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