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(EMAILWIRE.COM, December 30, 2011 ) Scranton, PA -- Until recently, workers who were receiving worker's compensation were being denied payments for injuries in work-related automobile accidents. Recently, the Supreme Court of Pennsylvania ruled that practice to be against public policy.
The case stems for an incident in which a police officer was injured in a car accident in his patrol car while performing duties consistent with his position as a law enforcement official. He received workersÂ’ compensation benefits to cover his medical expenses and part of his lost wages and he received the policy limit of $25,000 from the at fault party's insurance, but the officer's medical bills exceeded the $25,000 limit, so he sought additional compensation through the department's policy with the Pennsylvania Pooled Risk Insurance for Municipal Entities (PennPRIME). PennPRIME denied the claim, citing a clause that prohibits payment to claimants who are also eligible for workersÂ’ compensation benefits.
The officer argued that, since nearly every claim brought under the policy would be by state or municipal workers also eligible for workersÂ’ compensation payments, the clause was unlawful. The case wound its way through the court system for several years, until the Pennsylvania Supreme Court agreed that the exclusion made the insurance coverage illusory and ''the insurer receives a windfall by charging a premium for the coverage.''
The results of this case may have a ripple affect across the nation, since other similar insurance programs also have the same exclusion. It will be interesting to see how this plays out in the coming years.
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Source: EmailWire.com
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