Injury during preemployment test doesn't entitle applicant to WC
Moberg v. Workers' Compensation Appeal Board (Twining Village), No. 1767 C.D. 2009 (Pa. Commw. Ct. 2010).
Ruling: The Pennsylvania Commonwealth Court affirmed the Workers' Compensation Appeal Board's denial of the claimant's claim petition.
What it means: If a claimant is injured while taking a test that is a requirement for being hired -- before actually being hired -- she is not entitled to workers' compensation benefits, even if the employer ends up hiring her.
Summary: The claimant asserted that as a condition of employment, she was required to have a tuberculin test. She alleged that after she had the test, she had an adverse reaction, fainted, and fell to the floor. She sought payment of her medical bills. The board denied her petition, concluding that she did not show that there was an employer/employee relationship at the time of the injury. Rather, she was a mere applicant. The claimant argued that she was hired for all intents and purposes prior to the date of the tuberculin test and that it was only a formality before she could actually begin working. The Commonwealth Court determined that the board did not err in finding that the claimant was not an employee at the time of her injury. The employer may not have hired her if she failed the tuberculin test or the drug test, or failed to satisfy any of the other requirements for employment.
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August 19, 2010
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