Cummings v. Pennsylvania Manufacturers' Ass'n

HILL, J.,

Defendant filed preliminary objections to plaintiff’s amended complaint which alleged that defendant’s failure to make timely workmen’s compensation benefits caused him emotional distress resulting in heart spasms and other physical injuries.

The preliminary objections contend that the complaint which sounds in contract fails to plead the necessary elements of an actionable tort and that plaintiff’s only remedy is under The Pennsylvania Workmen’s Compensation Act of June 2, 1915, P.L. 736, 77 P.S. §1 et seq.

The preliminary objections also contend that this court has no jurisdiction…