274 A.3d 1228
Pa.
2022

LINDSAY FRANCZYK v. THE HOME DEPOT, INC. D/B/A HOME DEPOT, PHILIP ROGERS, AND THOMAS MASON

No. 315 WAL 2021

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

March 16, 2022

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 16th day of March, 2022, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

  1. Where an employee suffers a workplace injury fairly attributable to a non-employer third party, is the employee precluded by 77 P.S. § 481‘s exclusive remedy provision from bringing a tort claim against the employer for affirmative conduct that impedes the employee‘s ability to seek relief against the third-party?
  2. Does the Superior Court‘s decision in this case conflict with its decision in Kalik v. Mash, 982 A.2d 85 (Pa. Super. 2009)?