Superior Court of Pennsylvania, 1979

Wagner v. National Indemnity Co.

Wagner v. National Indemnity Co.
Superior Court of Pennsylvania · Decided September 10, 1979 · Cercone, President Judge, and Wieand and Hoffman
403 A.2d 118; 266 Pa. Super. 110 (Atlantic Reporter, Second Series)

Wagner v. National Indemnity Co.

Opinion

PER CURIAM:

This is an appeal from a dismissal of an action brought by decedent’s estate against the decedent’s employer’s no-fault insurance carrier for work loss and survivor’s loss benefits under the No-Fault Motor Vehicle Insurance Act, 40 P.S. § 1009.101 et seq. (Supp.1978-79). Plaintiff’s decedent was killed while operating a tractor owned by his employer during the course of his employment. Decedent’s family is presently receiving death benefits pursuant to the Workmen’s Compensation Act, 77 P.S. § 1 et seq. (Supp.1978-79).

In Turner v. Southeastern Pennsylvania Transportation Authority, 256 Pa.Super. 43, 389 A.2d 591 (1978), we held that a professional driver injured during the course of his employment had as his exclusive remedy against his employer the Workmen’s Compensation Act, and we barred any recovery under the No-Fault Act. Appellant here argues that the result should be otherwise where the employer is not a self-insurer as was the case in Turner. Turner was not so limited and we can see no logic in such a distinction.

Order affirmed.

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