A
worker was within the course and scope of his employment when he
sustained injuries trying to help a co-worker who had fallen into a
concrete pit full of methane gas at a worksite, the Commonwealth Court
of Pennsylvania has ruled.
Franklin
Pound began working for Pipeline Systems Inc. installing pipelines and
manholes at the Sewickley Borough Sanitation Department Plant in January
2010, court records show.
Mr.
Pound was installing a new pipeline in July 2010 when he heard someone
yell “man down” by the concrete pit located about 30 feet away,
according to records.
Another
worker was lying at the bottom of the pit, so Mr. Pound, the plant
manager and an inspector descended the ladder to help, records show.
Upon reaching the bottom of the pit and examining the worker, Mr. Pound
realized the worker was dead.
While
trying to climb out of the pit, he lost consciousness and fell about 20
feet to the bottom, according to records. He was hospitalized and later
learned there had been methane gas in the pit.
Listing
injuries to his left leg, knee, foot, ribs, back and lungs, Mr. Pound
filed a workers compensation claim petition in November 2010, but
Pipeline Systems denied that he was within the course and scope of his
employment when he was injured, according to records.
However,
in April 2012, a workers compensation judge issued an interlocutory
decision and order stating that Mr. Pound was within the course and
scope of employment, records show.
Pipeline
Systems appealed to the Pennsylvania Workers' Compensation Appeal
Board, which affirmed the judge's order in August 2014, according to
records. Pipeline Systems appealed the board's decision to the
Commonwealth Court of Pennsylvania.
On Tuesday, the Commonwealth Court affirmed the board's order, ruling that Mr. Pound is entitled to workers comp benefits.
The
ruling states that, according to the Pennsylvania Workers' Compensation
Act, an injury arises out of the court and scope of employment if it
occurs “in furtherance of the business or affairs of the employer, as
well as other injuries which occur on premises occupied or controlled by
the employer.”
In
addition, the Pennsylvania General Assembly amended the Workers'
Compensation Act in 2003 to provide benefits for “an employee who, while
in the course and scope of his employment, goes to the aid of a person
and suffers injury or death as a direct result of … rendering emergency
care, first aid or rescue at the scene of an emergency,” according to
the ruling.
At
the time of the emergency, Mr. Pound was “engaged in the furtherance of
(Pipeline Systems') business or affairs and was, therefore, within the
course and scope of his employment,” the ruling states.