Court denies employer’s motion for new trial for $15.5 million award to injured workers

A Pennsylvania appeals court on Wednesday denied a defense request for a new trial in a case that resulted in a $15.5 million settlement for a worker severely burned by electricity during tree removal work.

The Pennsylvania Superior Court dismissed an appeal by Vito Braccia Construction LLC, which said it should have been immune from civil litigation because of the exclusive workers’ compensation remedy.

The case involved a workplace incident in which tree worker Brian Feldman suffered severe electrical burns in October 2022 while engaged in tree removal work on a construction site in Bala Cynwyd.

Mr. Feldman was using a chainsaw to cut pieces of a remote tree when he was severely electrocuted during an accident involving tree limbs and an adjacent power line.

The incident caused Mr. Feldman to develop burns over 62% of his body, 20% of which were third degree. He spent six weeks recovering in a hospital burns unit.

Mr. Feldman, who claims to be disabled as a result of the incident, was awarded $15.5 million in damages following a jury trial in Philadelphia.

On appeal, Braccia Vito Construction argued, among other things, that the case should have been handled solely in workers’ compensation, but the appeals court ruled that the company was not considered a statutory employer under state workers’ compensation law and , therefore, she was not immune. to litigation.