Heath v. Workers' Compensation Appeal Board

OPINION

Chief Justice CAPPY.*

In this case, Kim Heath (“Claimant”) filed a claim petition under Pennsylvania’s Workers’ Compensation Act (“Act”), 77 P.S. § 1 et seq., alleging that she sustained a work-related psychic injury that was caused by sexual harassment by a supervisor and acts of retaliation by her employer. On appeal, the Commonwealth Court viewed the “personal animus” exception in Section 301(c) of the Act, 77 P.S. § 411(1), *27as an issue of subject matter jurisdiction, raised the exception sua sponte, and applied it to the facts. We conclude that in doing so, the Commonwealth Court…