403 A.2d 118 | Pa. Super. Ct. | 1979
Mary P. WAGNER, Administratrix of the Estate of Edward S. Wagner, Jr., Deceased, Appellant,
v.
NATIONAL INDEMNITY COMPANY.
Superior Court of Pennsylvania.
*111 Neil J. Rovner, Harrisburg, for appellant.
Robert P. Reed, Harrisburg, for appellee.
Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.
PER CURIAM:
This is an appeal from a dismissal of an action brought by decedent's estate against the decedent's employer's no-fault insurance carrier for work loss and survivor's loss benefits under the No-Fault Motor Vehicle Insurance Act, 40 P.S. § 1009.101 et seq. (Supp. 1978-79). Plaintiff's decedent was killed while operating a tractor owned by his employer during the course of his employment. Decedent's family is presently receiving death benefits pursuant to the Workmen's Compensation Act, 77 P.S. § 1 et seq. (Supp. 1978-79).
In Turner v. Southeastern Pennsylvania Transportation Authority, 256 Pa.Super. 43, 389 A.2d 591 (1978), we held that a professional driver injured during the course of his employment had as his exclusive remedy against his employer the Workmen's Compensation Act, and we barred any recovery under the No-Fault Act. Appellant here argues that the result should be otherwise where the employer is not a self-insurer as was the case in Turner. Turner was not so limited and we can see no logic in such a distinction.
Order affirmed.