Contact Info for the PA WCB

Subj:	RE: Worker's Compensation
Date:	11/19/02 9:39:22 AM Eastern Standard Time
From:	ra-li-bwc-helpline@state.pa.us
To:	MAK101@aol.com
Sent from the Internet (Details)

Section 303 (a) states "The liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to damages in any action at law or otherwise on account of any injury or death as defined in section (301)(c)(1) and (2) or occupational disease as defined in section 108."

Section 303 (b) is where the law talks about a third party.

Claims Information Helpline
toll free inside PA: (800) 482-2383
local and outside PA:(717) 772-4447
Employer Services Helpline (717) 772-3702
People with Hearing Loss TTY (800) 362-4228
Email address: ra-li-bwc-helpline@state.pa.us

-----Original Message-----
From: MAK101@aol.com [mailto:MAK101@aol.com]
Sent: Monday, November 18, 2002 4:34 PM
To: ra-li-bwc-helpline@state.pa.us
Subject: Worker's Compensation

What section of the worker's compensation act says that an employer and it's agents cannot be sued?

Section 303 states that protection for an employer but that is in the event the injury is caused by a third party. Is that the clause? Does it carry over to liability of the employer and not just the third party? I am unable to find any other reference to this exclusivity.

Mike Kerstetter

Subj:	RE: Worker's Compensation
Date:	11/19/02 1:51:38 PM Eastern Standard Time
From:	ra-li-bwc-helpline@state.pa.us
To:	MAK101@aol.com
Sent from the Internet (Details)

Section 305 (a) (1) states "Such insurer shall assume the employer's liability hereunder and shall be entitled to all of the employer's immunities and protection hereunder except, that whenever any employer shall have purchased insurance to provide benefits under this act to persons engaged in domestic service, neither the employer nor the insurer may invoke the provisions of section 321 as a defense."

-----Original Message-----
From: MAK101@aol.com [mailto:MAK101@aol.com]
Sent: Tuesday, November 19, 2002 9:56 AM
To: ra-li-bwc-helpline@state.pa.us
Subject: Re: Worker's Compensation

I see that section 303 gives protection to the employer against a lawsuit. It does not mention whether or not the insurer and other agents hired by the employer enjoy the same protection. If it does I am not reading it correctly. Could you clarify this point for me?

Does the insurer, and other agents hired by the employer enjoy the protection from lawsuits?

Mike Kerstetter

Subj:	RE: Worker's Compensation
Date:	11/20/02 8:50:14 AM Eastern Standard Time
From:	ra-li-bwc-helpline@state.pa.us
To:	MAK101@aol.com
Sent from the Internet (Details)

No. The workers' compensation law doesn't address either.

-----Original Message-----
From: MAK101@aol.com [mailto:MAK101@aol.com]
Sent: Tuesday, November 19, 2002 2:04 PM
To: ra-li-bwc-helpline@state.pa.us
Subject: Re: Worker's Compensation

I see section 305 offers the same protection to the insurer of the employer but is there a section that refers to such protection for a company such as a vocational rehab company or a private investigator? Thanks for your help.

Mike Kerstetter