The Pennsylvania Supreme Court has held that the Dual Capacity Doctrine, which allows an injured employee to sue his or her employer outside of the Workmens Compensation Act, will only apply if the employee was injured while not performing his or her job function.
Heath v. Church's Fried Chicken, 519 Pa. 274, 546 A.2d 1120 (1988).
Peter J. Sheptak,
Employer Liability - Pennsylvania Workmen's Compensation Act - Injured Employee,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol28/iss1/9