A truck driver who suffered leg burns and eventually a sepsis infection from spending long hours sitting atop an engine compartment was entitled to workers compensation benefits for his injuries, but the benefits should have been offset by income from his second job, a Pennsylvania appeals court ruled Thursday.
The Pennsylvania Commonwealth Court determined that a comp judge correctly awarded benefits to Mark Warner, who worked for Newman & Co. Inc. driving a cab-over truck for 12 to 15 hours a day and became injured in 2020.
Mr. Warner, who said his leg had to rest up against a hot engine compartment while driving, was treated in 2021 for a leg wound that eventually turned into sepsis requiring a four-day hospital stay.
A comp judge directed the employer to pay total disability benefits for an ongoing period, but the company argued the award should have been offset by income Mr. Warner earned from his second job.
The appellate court upheld most of the award, but reversed and remanded the aspect of the case involving the amount of compensation, saying a comp judge must determine whether Newman & Co. is entitled to a credit for any post-injury earnings.