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Torts Keyed to Dobbs
Jackson Township Volunteer Fire Co. v. Workmen’s Compensation Appeal Board
Facts
Claimant, a volunteer firefighter, was exposed to acquired immune deficiency syndrome (AIDS) and hepatitis B viruses in the course of his employment. He had responded to a fatal auto accident, and in the course of transposing the deceased’s body, some of the latter’s blood and bodily fluids got on the firefighter’s hands and shirt. The accident victim was found to have been infected with both AIDS and hepatitis B. The firefighter was required to take a series of shots and blood tests, and received injections to kill the hepatitis. All tests were negative. The fire company and its insurer refused to pay for these medical services. The firefighter petitioned for reimbursement pursuant to the Pennsylvania Workmen’s Compensation Act. A referee found that the firefighter’s exposure constituted an injury under the Act, and directed the fire company and/or its insurer refused to pay for the medical services. The latter appealed.
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