Can You Guess the Correct Legal Ruling?

Ok. A legal brain twister for you. You be the judge and decide this matter. Can you get it legally right?

How would you decide this workers compensation issue?

A man injures his knee as he rushes to his car in his employer’s parking lot.
He was responding to a family emergency and going to his car when he was injured.

Workers compensation covers situations where a person is injured at work when he is acting within the scope of his employment.

Assume also that the person was working when he received the emergency call.

Assume further that he told his employer he had to leave because of the family emergency.

Lastly assume the employer said okay.

Is he covered by Worker’s Compensation for the injuries he received in this incident??

If you decided that the person was entitled to workers compensation under these facts, keep your day job.


Medical malpractice, Worker’s Compensation and car accident attorney Bernie Tully was also a little surprised with this ruling.

In fact, a 3 judge panel of the Pennsylvania Commonwealth Court ruled that the man was not entitled to workers compensation.

The reason?

The court determined that he was not acting within the scope of his employment when he was injured.

This case illustrates what judges have to decide every day in the law.

They may fully sympathize with the injured employee in this situation.

But they took an oath that they would follow the law and the Pennsylvania Constitution in deciding cases.

In this case they had to rule against the employee because the facts warranted it.Not because they wanted to.

The court ruled that the employee was not furthering the interest of the business at the time of his injuries.
The court also ruled that injuries suffered going to or from work are not usually covered under the Worker’s Compensation Act.
And that is what the hurried employee was doing.
Specifically, he was leaving work which is not covered under the Act.

In reviewing the case, Pittsburgh wrongful death, medical malpractice, Worker’s Compensation attorney, car accident and criminal defense attorney Bernie Tully could see the courts logic in reaching its decision.
In addition there were prior cases and decisions by courts which also reached the same conclusion as this court did.

Those prior decisions were that the employee was not entitled to workers compensationwhen leaving work.

What do you think of this decision?

Do you agree with the decision?

How would you have decided this case if you were the judge?

Isn’t the law exciting? Haha.

Thanks for reading.

Your friend Bernie the Attorney.