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 nonemployer 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)?