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Administratrix of Worker's Estate Can't Pursue Tort Claim Against Employer

Friday, July 1, 2022 | 0

The Pennsylvania Superior Court ruled that the administratrix of a worker’s estate could not maintain a negligence and wrongful death suit against his employers, since the exclusive remedy provision of the Workers’ Compensation Act barred her claim. Case: Riemenschneider v. D. Sabatelli Inc., No. 1842 EDA 2021, 06/07/2022, published. Facts: David Scott Macleary sustained fatal injuries when the brakes failed on a dump truck he was operating. Macleary was acting within the course and scope of his employment with D. Sabatelli Inc. He received workers' compensation benefits thro...

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