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ALSTON v. ST. PAUL INS. COMPANIES

531 Pa. 261 (1992)

612 A.2d 421

Calvin ALSTON and Dorothy M. Alston, Appellants, v. ST. PAUL INSURANCE COMPANIES, and John T. Williams, M.D., and Vocational Rehabilitation Services, Inc., Appellees.

Supreme Court of Pennsylvania.

Decided June 17, 1992.

Reargument Denied August 28, 1992.

Attorney(s) appearing for the Case

Joseph Lurie, Albert B. Gerber, Philadelphia, for appellant.

Andrew J. Gallogly, Philadelphia, for St. Paul Ins. Co.

Joseph R. Rydzewski, Paul A. Barrett, Scranton, for Vocational Rehabilitation Services, Inc.

Kevin J. Ruane, Philadelphia, for Janet Rohrer.

David P. Rovner and Jack T. Ribble, Jr., for John T. Williams, M.D.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION

ZAPPALA, Justice.

The issue presented in this appeal is whether an employee who sustains an injury covered by the Pennsylvania Workmen's Compensation Act, 77 P.S. § 1 et seq., may assert a separate tort action for injuries allegedly arising out of malicious and fraudulent conduct and abuse of the legal process to terminate workmen's compensation benefits by agents of the employer's insurance carrier. Based upon our decision in Kuney v. PMA...

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