Is a Car Accident In a Public Street on the Way to To the Employer's Parking Lot Compensable ?
In Dana Corp. v. Workmen's Compensation Appeal Board (Gearhart), 120 Pa. Commw. 277, 548 A.2d 669 (Pa. Cmwlth. 1988) the Court, in reviewing case law, noted that an employee's death may be compensable if he is struck and killed while crossing a public street to get to the employer's parking lot.
On remand, the Workers' Compensation Judge (WCJ) determined that Route 51 could be considered part of Employer's premises inasmuch as it was necessary to cross the road in order to go from Employer's shop to the parking lot where the employees were advised to park.
The WCJ, however, found that at the time he was injured he was on personal business and not in furtherance of Employer's affairs.
The WCJ further determined that Claimant was not required by the nature of his employment to be crossing Route 51 at the time that he was injured.
In addition, the WCJ concluded that Claimant was jaywalking when he was struck and was thus barred from receiving benefits under Section 301(a) of the Workers' Compensation Act (Act) 1 because his injuries resulted from a direct violation of law.
On appeal, the Board affirmed the WCJ's decision on the basis that Claimant failed to establish that he was required by the nature of his employment to be crossing Route 51 at the time that he was injured.
The Board noted that Claimant was injured while crossing the highway for a purely personal reason and that at the time that he was struck, Claimant was supposed to be working in Employer's shop.