Ace Wire Spring & Form Co v. Workers' Compensation Appeal Board
2014 Pa. Commw. LEXIS 314
| Pa. Commw. Ct. | 2014Background
- Ace Wire Spring and Form Company (Employer) challenges a Board order affirming a WCJ grant of Claimant Samuel Walshesky's workers’ compensation claim.
- Dec. 4, 2007: Claimant slipped in Employer’s parking lot, struck his head, and never returned to work.
- Claimant filed May 8, 2009 for full benefits alleging a head injury causing a left-sided stroke; Employer denied, including course-and-scope defenses.
- WCJ, after multiple hearings, granted the petition on May 9, 2011, finding the injury arose in the course of employment and was medically related.
- Board affirmed the WCJ’s decision on Sept. 30, 2013; Employer appealed to this Court.
- Court affirms, holding the injury occurred on Employer’s premises within a reasonable pre-shift period and was in the course of employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board erred in affirming the WCJ’s course-and-scope finding. | Walshesky (Claimant) | Walshesky (Employer) | Affirmed: Claimant’s injury occurred in the course and scope of employment. |
| Whether the WCJ issued a reasoned decision as required by Section 422(a). | Walshesky (Claimant) | Walshesky (Employer) | Affirmed: WCJ provided sufficient articulation to enable appellate review. |
Key Cases Cited
- Inglis House v. Workmen’s Comp. Appeal Bd. (Reedy), 535 Pa. 135 (Pa. 1993) (establishes employee burden and course-of-employment standards)
- U.S. Airways v. Workers’ Comp. Appeal Bd. (Dixon), 764 A.2d 635 (Pa.Cmwlth. 2000) (injury must be within course of employment and related thereto)
- Lewis v. Workers’ Comp. Appeal Bd. (Andy Frain Servs., Inc.), 29 A.3d 851 (Pa.Cmwlth. 2011) (liberal construction of ‘actually engaged in furtherance’ standard)
- Allegheny Ludlum Corp. v. Workers’ Comp. Appeal Bd. (Hines), 913 A.2d 345 (Pa.Cmwlth. 2006) (premises-based acts and proximity to work can constitute course of employment)
- Wolsko v. American Bridge Co., 158 Pa. Super. 389, 44 A.2d 873 (1945) (early arrival on premises can be within course of employment)