Alston v. St. Paul Insurance Companies

OPINION

ZAPPALA, Justice.

The issue presented in this appeal is whether an employee who sustains an injury covered by the Pennsylvania Workmen’s Compensation Act, 77 P.S. § 1 et seq., may assert a separate tort action for injuries allegedly arising out of malicious and fraudulent conduct and abuse of the legal process to terminate workmen’s compensation benefits by agents of the employer’s insurance carrier. Based upon our decision in Kuney v. PMA Insurance Company, 525 Pa. 171, 578 A.2d 1285 (1990), we conclude that the exclusivity provisions of the Workmen’s Compensation Act prohibit a tort…