GOURLEY, Senior District Judge:
In this diversity action founded upon negligence, there are three matters presently before the Court, a Motion for Summary Judgment filed by defendant Jones & Laughlin Steel Corporation (J. & L.), a renewed Motion for Summary Judgment by defendant Joseph A. Klimoski, and a Motion for Leave to Amend filed by plaintiff.
On September 28, 1967, plaintiff's decedent sustained a fracture of the left tibia while working in the course of his employment at J. & L.'s Vesta No. 4 coal mine. He was admitted to the Brownsville General Hospital (Brownsville) on the same day. During his hospitalization, he was attended by defendant Klimoski, who had staff privileges at the hospital. On October 11, 1967, plaintiff's decedent, while hospitalized, suffered an acute myocardial infarction causing his death.
Plaintiff alleges that the death of the decedent was the proximate result of the negligence of defendant Klimoski in failing to diagnose and treat plaintiff's heart condition and the negligence of defendant Brownsville in failing to maintain adequate records of plaintiff's condition and in failing to furnish defendant Klimoski with reports of plaintiff's condition. Plaintiff also names J. & L. as a defendant, asserting that defendant Klimoski, at the time of the occurrences in question, was in the employ of said company, rendering it liable under the doctrine of respondeat superior.
The Motion for Summary Judgment filed by J. & L. is premised upon a determination by Pennsylvania Workmen's Compensation Board on May 22, 1970 granting the fatal claim petition of decedent's widow and awarding her thirty-four dollars per week, said sum to be paid by J. & L. It is specifically prescribed in Section 303 of the Workmen's Compensation Act, 77 P.S. § 481, that recovery by an employee or those claiming through him for an injury within the coverage of the Act is limited exclusively to compensation provided by the Act and that an action for negligence against the employer is barred. Accordingly, it having been established that decedent's death is compensable under the Act, the Motion for Summary Judgment filed by J. & L. will be granted.
Defendant Klimoski now seeks to renew his Motion for Summary Judgment filed on May 4, 1970. The Motion is premised upon the contention that both plaintiff's decedent and defendant Klimoski were employees of defendant J. & L. at the time of the incidents in question. Section 1 of the Act of August 24, 1963, P.L. 1175, No. 496 § 1, 77 P.S. § 72 (pocket part), makes a relatively recent addition to the Workmen's Compensation Act providing as follows:
"If disability or death is compensable under this act, a person shall not be liable to anyone at common law or otherwise on account of such disability or death for any act or omission occurring while such person was in the same employ as the person disabled or killed, except for intentional wrong."