Harleysville Insurance v. Wozniak

POPOVICH, Judge,

concurring statement:

I concur in the result only. An employee’s remedy for his employer’s failure to secure workers’ compensation insur-*363anee is to either accept the compensation schedule under the Workmen’s Act or file suit at law.

By allowing the employee to collect no-fault benefits through the employer’s automobile insurer and also sue the employer, I believe is to exceed the clear language of the Act in terms of the scope of his recovery.

The Act’s allowance of a suit at law on the part of the employee would permit him to sue the employer for injuries and damages sustained. Perforce, the employer would seek joinder of the insurance carrier for indemnification purposes. Thus, although I agree with the result, I find the logic to divert from the clear language of the statute in tacitly condoning a dual suit not contemplated by law.