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04/26/2010 10:55:00 AM EST

PA: Wrongful Death Case Involving Minor Allegedly Intoxicated at Work Poses Interesting Workers' Comp Question

WESTMORELAND COUNTY, PA - A wrongful death action against the owners of a Ramada Inn for allegedly allowing a 17-year-old employee to drink on the job and then drive home drunk with tragic consequences raises an interesting question about how Pennsylvania workers' compensation laws would impact this case.

In Pennsylvania, workers' compensation is generally the exclusive remedy for employees injured or killed on the job. Although the 17-year-old employee was driving home from work, rather than carrying out work-related duties at the time he was killed, he allegedly became intoxicated at work. It remains to be seen how the courts resolve this and other types of issues, including whether Pennsylvania's Dram Shop Act could play a role in the outcome of similar lawsuits.

Source: Mikus Law Associates, P.C.


 
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