John Schick, Administrator of the Estate of Joseph Schick, Deceased v. Good Humor Corp.

OPINION OF THE COURT

Plaintiff’s decedent suffered fatal injuries when a truck which he was operating for his employer skidded and overturned. His personal representative brought a diversity action sounding in common law tort against the employer who unsuccessfully urged that recovery was limited to that sought by the claim being processed under the Pennsylvania Workmen's Compensation Act, 77 Purd. Stat.Anno. § 1 et seq. Section 303 of Article III of the Act, 77 Purd.Stat.Anno. § 481, provides that an agreement by the parties to accept the provisions of the Act, “shall operate as a surrender…