Krahwinkel v. Commonwealth Aluminum Corp.

I agree with the majority’s analysis and conclusion that the jury verdict must be reinstated. However, this same analysis compels a result in opposition to the one the majority has reached on the issue of double recovery.

The following excerpt from the majority opinion explains why Commonwealth may not invoke provisions of the Workers’ Compensation Act to receive a windfall:

Workers’ compensation coverage is a voluntary contract between employer and employee, the terms of which are defined by the provisions of the Act. The employer gives up the right to claim certain defenses, in exchange for…