Kline v. Arden H. Verner Co.

FINKELHOR, J„

The above matter comes before the court en banc on defendant’s motion for summary judgment under Rule 1035 of the Pennsylvania Rules of Civil Procedure.

The issue is whether an employee who is injured in the course of his employment but receives an injury not included within the scheduled injuries and *326payments of the Worker’s Compensation Act, as amended in 1974, 77 P.S. §513, may bring a common-law action for such noncovered injuries.

The facts set forth in the pleadings are briefly summarized as follows. Plaintiff William Kline was employed as a painter in May 1978 by defendant…