A woman who saw her co-worker being stabbed while both were on a lunch break will not receive the workers’ compensation benefits the Pennsylvania Commonwealth Court had said she was entitled to, the state Supreme Court ruled this week.

The unanimous high court rejected the claimant’s argument in Kmart Corp. v. Workers’ Compensation Appeal Board (Fitzsimmons) that she was furthering her employer’s business when she helped to disarm the attacker and administered CPR to the victim. Both employees were off the clock and on employer Kmart Corp.’s premises at the time of the stabbing.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]