Defendant Found Immune from Suit under PA Workers' Compensation Act

Last week, Attorney Decker successfully defended a claim against an Erie County commercial client on the basis of statutory immunity.  The plaintiff sustained a near-amputation of his hand in an industrial accident.  He was a temporary employee and filed a civil lawsuit against the commercial entity for his severe injury.  Mr. Decker argued that the entity was entitled to immunity under the Workers' Compensation Act even though another entity paid the plaintiff's wages and worker compensation expenses.  The Court agreed and ruled that since the commercial entity controlled the plaintiff's duties, it was an "employer" entitled to immunity from civil liability under the Act pursuant to the "borrowed servant" doctrine.

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