June 16, 2013
Marty Inman (name changed for this summary) was injured leaving his job as a corrections officer at the State Correctional Institute (SCI) at Graterford in Perkiomen Valley, Pennsylvania. Mr. Inman, like many other officers who worked at the far end of the complex, would park adjacent to a water tower near his post. On the morning of January 22, 2012, after working the third shift, Mr. Inman was on his way to his truck when he stepped on uneven pavement and injured his left ankle. Mr. Inman promptly reported his injury. The insurance company refused to pay workers compensation disability. Mr. Inman then hired Calhoon & Kaminsky to file a claim petition on his behalf.
The case was assigned to Workers’ Compensation Judge Terry Knox in Reading, PA. The issue at stake was whether Mr. Inman’s injury occurred in the scope of his employment. The insurance company (Inservco Insurance Services) argued that because Mr. Inman’s car was not parked in a designated lot, “in violation” of policy, that Mr. Inman was not in the scope of employment and the work injury was therefore not compensable.
Mr. Inman testified that during his eight years of working at the institution, no one ever told him it was against policy to park where he did. Mr. testified that it was common practice for officers who worked at the far end of the complex to park where Mr. Inman did. Judge Knox found Mr. Inman’s testimony to be competent, credible, consistent, and persuasive. The WCJ cited Pennsylvania case law which states that even if an injured worker is not furthering the employer’s business at the time of the injury, the injured worker can still receive compensation if the injury occurs on the employer’s premises, the worker is required to be there, and the injury is caused by the condition of the premise. (See WCAB v. U.S. Steel Corp., 376 A.2d 271).
Judge Knox issued an award of temporary total disability (TTD) for a period running from the date of injury to the date Mr. Inman was able to return to work. Additionally, Judge Knox issued an award of attorney’s fees for unreasonable contest, stating that insurer should have known they had no chance of prevailing in the case and ordered Inservco to pay all of Mr. Inman’s attorney fees.
