On April 19, the Pennsylvania Supreme Court issued a decision in Franczyk v. Home Depot, 292 A.3d 852 (Pa. 2023), which safeguarded the Workers’ Compensation Act’s exclusivity provision in a third-party action.

In Franczyk, the plaintiff-respondent, Lindsay Franczyk, was working at a Home Depot store when a customer’s dog bit her. She immediately reported the bite to her supervisors (who were named as defendants in the subsequent lawsuit, along with Home Depot). The third-party complaint alleged that the defendants barred Franczyk from any contact or interaction with the dog owner or any witnesses. The defendants located and questioned two individuals who brought dogs into the store and spoke to an eyewitness, but allowed all to leave without obtaining their contact information. Franczyk later had surgery for cubital tunnel syndrome, and she claimed and received benefits under the Workers’ Compensation Act (the act).

This content has been archived.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 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]