Franczyk, L. v. The Home Depot, Pets.

IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
LINDSAY FRANCZYK, : No. 315 WAL 2021
:
Respondent :
: Petition for Allowance of Appeal
: from the Order of the Superior Court
v. :
:
:
THE HOME DEPOT, INC. D/B/A HOME :
DEPOT, PHILIP ROGERS, AND THOMAS :
MASON, :
:
Petitioners :
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)?