Tuesday, August 19, 2003

Supreme Court Will Consider Whether Sexual Harassment Can Be Abnormal Working Condition

In a Per Curiam Order dated July 1, 2003 the Supreme Court granted a Petition for Allowance of Appeal in Heath v. WCAB (Pennsylvania Board of Probation and Parole). In this case, the Commonwealth Court held, inter alia, that when a co-employee sexually harasses an employee, any resulting mental injury is not compensable under the Act. The Court stated Section 301(c)(1) operates to remove any claim for that injury from the purview of the Workers' Compensation Act because it is personal and not work related.

No comments: