Herold v. University of Pittsburgh, 2025 PA LEXIS 93 (Pa. Super. Ct., January 22, 2025) (Todd, J.)
CHIEF JUSTICE TODD
In this appeal by allowance, we consider, inter alia, the breadth of the exclusive remedy provision of the Occupational Disease Act (“ODA”) and whether a disability or death resulting from an occupational disease and which occurs beyond the four-year limitations period set forth in Section 1401(c) of the ODA, 77 P.S. § 1401(c), removes the claim from the purview of the ODA’s exclusivity clause, 77 P.S. § 1403. For the reasons that follow and giving fidelity to the “Grand Bargain” underlying our Commonwealth’s laws providing compensation to injured workers, we hold that a common law action for relief for a disability or death resulting from an occupational disease covered by the ODA — and which occurs beyond the four-year limitations period contained in the ODA, rendering such disability or death non-compensable — does not fall within the purview of the ODA’s exclusivity provision. Therefore, we find that the exclusivity provision does not preclude an injured worker from filing a common law action against his employer seeking compensation for his work-related disability or death. Accordingly, we affirm the decision of the Commonwealth Court.
