October 4, 2012

The Pennsylvania Workers’ Compensation Appeal Board recently overturned a Philadelphia judge’s decision that a driver’s firing for a company policy violation was not grounds for terminating his workers’ compensation benefits. According to Risk & Insurance, the decision was reversed because Pennsylvania law says if a worker is terminated due to misconduct, they are prohibited from receiving compensation for loss of wages.

A newspaper delivery truck driver in Philadelphia, Pennsylvania, had stopped to make a delivery, but slipped stepping out of the truck and broke his ankle. An investigation into the incident uncovered the driver’s loaded revolver inside the truck. This was in direct violation of the company’s zero-tolerance policy towards weapons and the driver was let go ten days after the initial accident. The company then moved to terminate his benefits, saying he had received treatment for his injury and was let go due to misconduct.

A judge denied the company’s attempt to end the man’s disability benefits and ordered the company to continue payments. The board later overturned the decision, saying the man bringing a gun on his route was a violation of company policy and, therefore, misconduct and being let go for misconduct eliminated the worker’s right to lost wages.

The Pennsylvania Personal Injury Lawyers with Lundy Law know how tricky workers’ compensation law can be and are here to help you with any questions you may have about a claim.