Middlekauff v. Allstate Insurance

SENIOR JUSTICE POFF, with whom JUSTICE STEPHENSON joins,

concurring.

Because the decision in this case is controlled by the rule consistently applied in Aistrop and its progeny, viz., that injuries gradually incurred as the result of repetitive trauma are not compensable under the Workers’ Compensation Act, I concur in the result.

With respect to Haddon, however, I would simply eschew any construction that is irreconcilable with those precedents and reaffirm the rule applied in adjudicating the only question litigated in Haddon, viz., whether the fact that a tort committed by a fellow employee was intentional rather than negligent prevents an injury caused thereby from being an “injury by accident” within the coverage of the Act.