Gardner v. Erie Insurance

OPINION

SAYLOR, Justice.

This appeal presents the issue of whether an employee’s receipt of workers’ compensation benefits relating to injuries sustained while driving a co-employee’s automobile and arising out of wrongful third-party conduct bars him from recovering uninsured motorist benefits from the co-employee’s insurance carrier. We hold that such recovery is not precluded.

On October 23, 1994, while driving an automobile owned by Steven J. Ward (“Ward”), Appellant Lorren Gardner (“Gardner”) was injured in an accident with another driver who fled after impact. At the time of the accident,…