Pennsylvania Workers’ Compensation Appeals Board Finds Riding to Work Location from Office in Scope of Employment

In November, the Pennsylvania Worker’s Compensation Appeals Board overturned a ruling by a workers’ compensation judge to allow the Workers’ Compensation Act to apply to employees who are injured when they are transported by their employer from their place of business to the work site.

The Appeals Board heard the case of an employee who was transported by his employer from the employer’s office to the job site where the employee worked as a laborer. During one ride, the employee suffered head and back injuries when the vehicle he was riding in hit a bump. A workers’ compensation judge dismissed the employee’s claim petition, saying that the travel time to the job could be considered part of Pennsylvania’s Ridesharing Act. Since the Workers’ Compensation Act does not apply to a passenger participating in a ridesharing agreement, the employee would not be eligible for workers’ compensation. However, the Pennsylvania Workers’ Compensation Appeals Board reversed the decision, saying that transportation from the employer’s office to the work site was in the scope of the employee’s work. The Ridesharing Act only includes transportation of employees to and from their place of employment.

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