Dunn v. United Insurance Co. of America

SPAETH, President Judge,

dissenting:

I am unable to agree with the majority that summary judgment was proper in this case.1 While appellant’s complaint is inartfully pleaded, the cause of action she intended to plead sufficiently appears. Since, contrary to the majority, this cause of action is not barred, we should reverse and remand with leave to appellant to amend her complaint.

1

The purpose of the Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1 et seq., is to compensate employees for on-the-job injuries. As the Supreme Court has said:

By virtue of the ...…