Campagna v. Brandon Knitwear

Argued: March 12, 2002 OPINION Brandon Knitwear, Inc. (Employer) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) which denied its petition to strike and/or open a judgment resulting from a workers' compensation award. We affirm. Maria Campagna (Claimant) injured her right arm and shoulder in the course and scope of her employment as a seamstress on August 27, 1994, which injury she immediately reported to Employer. In March of 1995, Claimant filed a civil action against Employer in the trial court, alleging negligence, and asserting that pursuant to Section 305(d) of the Pennsylvania Workers' Compensation Act (Act) 1 , Employer failed to maintain workers' compensation insurance, thereby entitling Claimant to elect to proceed with her suit at law.