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Workers Compensation

Commonwealth Court of Pennsylvania
Uncategorized

Giant Eagle v. Baker — Brevity of a Mandatory 15-Minute Break Keeps Injured Worker Within Course of Employment

The Commonwealth Court of Pennsylvania, sitting en banc, affirmed a workers’ compensation award in a 4-3 decision, holding that a pharmacy tech struck by a vehicle while crossing the street during a mandatory 15-minute break was in the course of employment—because the break’s brevity diminished the autonomy it conferred and left her time only for an act of ministration. The majority recast Pennsylvania’s personal comfort doctrine as a continuum of factors rather than a binary formal/informal distinction, a reading three dissenters characterized as abandoning over a century of settled precedent.

Commonwealth Court of Pennsylvania
Uncategorized

Niculcea v. Susquehanna Valley NRC (WCAB) — Substantial Evidence Supports WCJ Credibility Determination; Capricious Disregard Standard Applied to Pro Se Workers’ Comp Appeal

The Commonwealth Court affirmed denial of workers’ compensation benefits to a pro se claimant, holding that substantial evidence supported the WCJ’s credibility determinations and that rejecting a claimant’s medical evidence is not capricious disregard — and rejecting the employer’s motion to quash under the post-2014 version of Pa.R.A.P. 1513.

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