As we discuss in our FAQs on our website, not every person who works in the State of Pennsylvania is covered by the PA Workers’ Compensation Act (Act). Certain categories of employees are excluded from the protections of the Act for various reasons. One of those exclusions applies to those employed in “domestic service.” This area was recently addressed by the Commonwealth Court of PA.
In Van Leer v. Workers’ Compensation Appeal Board (Hudson), the Commonwealth Court of Pennsylvania was faced with a case where the injured worker was employed as a caretaker for a woman suffering from mild dementia. The patient with the dementia was the only person in the household. Though the case did not address how, the injured worker suffered very significant injuries.
A Claim Petition was filed and litigated before a Workers’ Compensation Judge (WCJ). After hearing the testimony of the injured worker, the WCJ made the following Findings of Fact: