Legal Opinion
Kincel v. Commonwealth Department of Transportation
Commonwealth Court of Pennsylvania
Decided February 9, 2005PublishedCited by 16 opinions
1Opinion of the Court
OPINION BY
Judge LEAVITT.
The Commonwealth of Pennsylvania, Department of Transportation (PennDOT), appeals from an order of the Court of Common Pleas of Luzerne County (trial court) denying its motion for summary judgment. This case presents an issue of first impression: whether an employee of a Commonwealth agency, injured in the course of his employment, can collect workers’ compensation benefits and also maintain a suit against a different Commonwealth agency for his injuries. The trial court determined that such an action is permissible. We reverse.
On July 18, 2000, Appellee Gerald Kincel…
2Cases cited19 opinions
- McDonald v. Levinson Steel Co.Supreme Court of Pennsylvania · 1930
- Pappas v. AsbelSupreme Court of Pennsylvania · 2001
- Flesch v. Eastern Pennsylvania Psychiatric InstituteDistrict Court, E.D. Pennsylvania · 1977
- Tork-Hiis v. CommonwealthSupreme Court of Pennsylvania · 1999
- Wright v. MooreLouisiana Court of Appeal · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Uber v. SLIPPERY ROCK UNIVERSITY OF PA.Commonwealth Court of Pennsylvania · 2005
- Meyer v. Community College of Beaver CountyCommonwealth Court of Pennsylvania · 2011
- Piehl v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 2007
- Hidden Creek, L.P. v. Lower Salford Township AuthorityCommonwealth Court of Pennsylvania · 2015
- Meyer v. Community College of Beaver CountyCommonwealth Court of Pennsylvania · 2009
11 more not listed; retrieve them via the Exa API.