Kmart Corp. v. Workers' Compensation Appeal Board

OPINION

CAPPY, Justice.

We granted allocatur in this ease to address whether the Commonwealth Court erred in affirming the award of workers’ compensation benefits to an off-duty employee who sustained a mental injury as a result of witnessing an attack upon a co-employee. For the following reasons, we reverse.

Appellee Shirley Fitzsimmons worked in stock and as a floor person at Appellant Kmart Corporation’s Mt. Pocono store (“Kmart”). On January 10, 1992, appellee arrived at work for her regular 7:00 am to 4:00 pm shift. Around 1:00 pm, she punched out on the time clock in order to meet her…