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Supreme Court Clarifies The Traveling Employee Rule

With more and more employees switching to a mobile working environment, it is important to understand your rights when it comes to “the traveling employee” rule of the Pennsylvania Workers’ Compensation Act.

Recently, in a unanimous decision, the Pennsylvania Supreme Court for the first time clarified the standards that apply under the Pennsylvania Workers’ Compensation Act when a traveling employee is injured. The decision involved a case involving an employee who got injured in a motor vehicle accident when traveling home from an employer-sponsored party.

Traveling Employee Case Background

The claimant, Jonathan Peters, was a full-time employee of Cintas Corporation who worked part of the week in the Allentown branch office but spent the most of his time meeting with clients in the region. Peters was injured in a motor vehicle on his way home from attending an employer-sponsored event. He petitioned for partial disability benefits for a few months then total disability benefits but the employer denied that Peters was in the course of his employment at the time of the accident. A Workers’ Compensation Judge denied his petition, but Peters appealed to the Workers’ Compensation Appeals Board and ultimately appealed to The Commonwealth Court then to the PA Supreme Court.

The Previous Standards for Traveling Employees

Until this new case, the Workers’ Compensation Act of Pennsylvania categorized employees into two distinct ways, depending on whether the employee is a stationary or traveling employee. With respect to traveling employees, the appellate courts of Pennsylvania have consistently applied the presumption that “when a traveling employee is injured after setting out on the business of his (or her) employer, it is presumed that he (or she) was furthering the employer’s business at the time of the injury” unless an employer rebuts by showing that the employee’s actions, at some point prior to the injury, “were so foreign to and removed from his (or her) usual employment that they constitute an abandonment of that employment.”

The Newly Defined Standards for Traveling Employees

This recent PA Supreme Court decision clarified what constitutes “course of employment” and that relied in part on what is referred to as the “humanitarian purpose of the Act.” During the travels of a traveling employee, the employee is subject to risks that a stationary employee is not. The Court stated that the “hazards of travel become the hazards of employment” and that the traveling employee must have a broader scope of employment. The Court explained that a traveling employee must be considered in the course of his or her employment during the entirety of work-related travel including social events sponsored by the employer. Even if work isn’t discussed at the event and the event is social by nature, the event still benefits the employer by fostering relationships and improving morale and is therefore furthering the business of the employer.

These cases are very fact specific and require analysis by an experienced workers compensation attorney .

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Pennsylvania Association of Retired State Employees Friday, July 5, 2024

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Travel Opportunities

2021 travel update:.

You will notice trips are beginning to be planned as shown below, please maintain patience with our Travel Committee as changes may be necessary due to COVID; any changes will be communicated to those registered for various trips. If you have questions, contact someone on the travel committee.

The Pennsylvania Association of Retired State Employees (PARSE), the Central Penn Chapter is a non-profit organization comprised of volunteers who, for the benefit of all Retired Commonwealth of Pennsylvania Employees, their family and friends, sponsor travel trips for excursions, theatre and cruises. PARSE, The Central Penn Chapter is solely responsible for its own affairs and is completely independent of Pennsylvania State Government.

Rules for Travelers

When filling out the Reservation Form, please fill out completely. Complete address, pick-up location, phone number and number in your party, so that we know with whom you are traveling. When traveling with PARSE, all seats are pre-assigned and your seat is assigned based on when you submitted your deposit. If you think you are interested in a trip, send a deposit of $50 per person for day trips or $100 per person for overnight trips. Seat assignments are set two to three weeks before the trip and then mailed out. If you have a special request to sit in a certain area, you must make that request when you send in your registration (which should be as early as possible). This does not guarantee you will be in the front of the bus based on the number of special requests. If you are traveling with more than one other person, one will be sitting with you but the other people could possibly be placed further from you based on when you submitted your deposits. You will be seated together for all other activities. It is imperative that you send in your registrations as soon as you can. In the case of overnight trips, there are times that the money and number traveling must be submitted to the travel agency 30 to 45 days prior to the event. If we do not get enough reservations by that time, we will have to cancel the trip. If there are two or more traveling together and are paying separate, please make sure that both payments are made in a timely manner. If one sends in and says their traveling partner will send theirs in separate, make sure they do. If not, and there are no seats left, the second person will be put on the back-up list. We cannot put you on the travelers list without payment. If you call and say you will be sending a payment and to please put you name down, our response will be that we can put your name in pencil on a separate sheet of paper but we cannot put your name on the list until we receive payment.

Pennsylvania Association of Retired State Employees (PARSE) Central Penn Chapter

Contact one of the three officers listed below via telephone or US mail.

Sara Bender President General Information 264 Rutter Road Halifax, PA 17032 717-580-4586

Jan Moran Travel Co-Chair Travel Questions 621 Mallard Road Camp Hill, PA 17011 717-763-5515

Tom Judge President State PARSE Membership, Dues, Insurance and In Memorial Inquiries 5000 Ritter Road, Suite 105 Mechanicsburg, PA 17055 717-731-9522

Copyright © 2024 Pennsylvania Association of Retired State Employees - Central Penn Chapter. All Rights Reserved. Hosting, Design and Maintenance by Cloud 5 Solutions, LLC

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Air travel is getting worse. That's what passengers are telling the US government

July Fourth Holiday Travel Holiday travelers wait for their luggage after arriving at Salt Lake City International Airport Wednesday, July 3, 2024, in Salt Lake City. (AP Photo/Rick Bowmer) (Rick Bowmer/AP)

WASHINGTON — (AP) — Air travel got more miserable last year, if the number of consumer complaints filed with the U.S. government is any measure.

The Transportation Department said Friday that it received nearly 97,000 complaints in 2023, up from about 86,000 the year before. The department said there were so many complaints that it took until July to sort through the filings and compile the figures.

That's the highest number of consumer complaints about airlines since 2020, when airlines were slow to give customers refunds after the coronavirus pandemic shut down air travel.

The increase in complaints came even as airlines canceled far fewer U.S. flights — 116,700, or 1.2% of the total, last year, compared with about 210,500, or 2.3%, in 2022 , according to FlightAware data. However, delays remained stubbornly high last year, at around 21% of all flights.

So far this year, cancellations remain relatively low — about 1.3% of all flights — but delays are still running around 21%.

More than two-thirds of all complaints last year dealt with U.S. airlines , but a quarter covered foreign airlines. Most of the rest were about travel agents and tour operators.

Complaints about treating passengers with disabilities rose by more than one-fourth compared with 2022. Complaints of discrimination, while small in number, also rose sharply. Most were about race or national origin.

The Transportation Department said the increase in complaints was partly the result of more consumers knowing about their rights and the ability to file a complaint. The department said it helped Southwest Airlines customers get more than $600 million in refunds and reimbursements after the carrier canceled nearly 17,000 flights during December 2022. Southwest also paid a $35 million fine .

Airlines receive many more complaints from travelers who don't know how or don't bother to complain to the government, but the carriers don't release those numbers.

The Transportation Department is modernizing its complaint-taking system, which the agency says will help it do a better job overseeing the airline industry. However, the department now releases complaint numbers many months late. It did not issue figures for the second half of 2023 until Friday.

The Transportation Department's online complaint form is at https://secure.dot.gov/air-travel-complaint

Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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Five Reasons Why Summer Road Trips Using the PA Turnpike Are Better than Flying

When planning for a summer vacation, one of the first decisions you make is how to get to your destination. In our opinion, driving the PA Turnpike can be a better option than flying. And we are not alone in that belief. A recent poll commissioned by Michelin and conducted by OnePoll, shows that three out of four Americans prefer driving to their vacation destination over flying. Here are five reasons why.

Driving The PA Turnpike Is Cheaper

If you are traveling with more than one person, the odds are driving is cheaper. The price of the plane ticket, baggage fees and other hidden airline charges can quickly accumulate. Add to that tally, the cost of airport snacks and drinks, which is typically 10-15% more than average street prices , plus parking or shuttle fees, and you are forking over a significant amount of money before you even arrive at your destination.

When you drive the PA Turnpike, all you pay for is the toll for your trip and the cost of gas. Those costs are the same no matter how many people are in your vehicle. And, if you have an E-ZPass, you can save nearly 60% on your tolls. You can even calculate the actual cost of your trip ahead of time by using the PA Turnpike’s toll calculator

You Can Bring More Stuff

Have you ever had to leave things behind or throw things out because your suitcase is too heavy, or you have too many bags? When you drive the PA Turnpike, you can pack all your personal items within as many bags as you like because there are no baggage fees, strict rules or weight limits. You also can bring sports equipment, camping gear and other larger items that can be tricky to take on a flight.

Have a furry friend you do not want to leave behind? No problem. There is no pet policy or extra charge for bringing your dog or cat. In addition, several of our service plazas have dedicated dog walking areas.

You Are In Control

Driving to your destination puts you in control. You decide when to leave, when to take a break, who you travel alongside, when and what you eat. When you fly, your flight’s departure time and the airport typically dictate your schedule. Security checkpoints often require you to arrive two hours before your plane departs… and that is on a typical travel day. Many airports are advising summer travelers to arrive at least three hours before their departure time.

Prefer a window or aisle seat? Choosing where you sit often requires paying an extra fee. In addition, your food choices are limited to what options the terminal offers and what is open.

When you are driving you can take a break and stretch your legs anywhere you choose and for as long as you like. You can stop for a quick bite at a service plaza or enjoy a meal at one of the many eateries located right off the PA Turnpike. But when you are flying, you are at the mercy of the pilot and whether the ‘fasten seatbelt” sign is lit.

Airlines Are Not Always Reliable

There has been a significant increase in people getting stranded when traveling by air. A spike in severe weather events and a shortage of pilots and crew members have caused flight delays and cancellations. Once your flight is canceled or delayed, getting to your destination can be a long, tedious process that makes your vacation memorable in all the wrong ways.

Getting stuck on a road trip is far less likely. While you might run into the occasional traffic jam or accident, there are multiple apps to help you find alternate routes. In addition, if you get delayed, you can always pull off the road, take a break, grab a bite or explore.

You Can Enjoy the Ride

Let’s face it. Flying has its challenges. Between the long security lines and delays, wrestling with luggage, cramming into middle seats and worrying about making your connection, air travel can be stressful. When you drive, you can enjoy the journey just as much as your final destination. And if you are traveling the PA Turnpike, you can rest easy knowing you have 24/7 access to roadside assistance in the event of an emergency.

Driving lets you experience roadside attractions, scenic landscapes, historical sites and unforgettable restaurants. It allows you to build memories and spend time with the people you love. And you can listen to whatever music you like, as loud as you like, and without the earplugs.

Driving along the PA Turnpike, is the best way to experience all Pennsylvania has to offer. Check out the PA Turnpike’s Exit and Explore page to plot out your next road trip.