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Williams V. Workers' Compensation Appeal Board

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eBook details

  • Title: Williams V. Workers' Compensation Appeal Board
  • Author : Pennsylvania Commonwealth Court
  • Release Date : January 11, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 79 KB

Description

Claimant, Gerard J. Williams, appeals from the order of the Workers' Compensation Appeal Board (Board) under the Workers' Compensation Act (the Act).*fn1 The issue presented on appeal is whether claimant's injuries, which occurred while he was driving to work, fall within an exception to the "coming and going" rule. *fn2 We ordered this case heard en banc so that we could address inconsistencies between Kear v. Workmen's Compensation Appeal Bd. (Fairman Drilling Co.), 517 A.2d 586 (Pa. Cmwlth. 1986) and other published opinions of this court, particularly Bechtel Power Corp. v. Workmen's Compensation Appeal Bd. (Postlethwait), 648 A.2d 1266 (Pa. Cmwlth. 1994), alloc. denied, 540 Pa. 585, 655 A.2d 516 (1995), and Peer v. Workmen's Compensation Appeal Bd. (B & W Constr.), 503 A.2d 1096 (Pa. Cmwlth. 1986). After review, we specifically reaffirm Peer and Bechtel and the consistent prior line of cases in this court, and overrule Kear.


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