678 A.2d 436 | Pa. Commw. Ct. | 1996
Lead Opinion
Gerald W. Allen (Claimant) appeals from an order of the Commissioner of the Pennsylvania State Police (Commissioner), denying his claim for benefits under the Heart and Lung Act (the Act).
Claimant is a State Police Officer assigned to Troop S in York, Pennsylvania, and on July 10, 1994, he was scheduled to work the 3:00 p.m. to 11:00 p.m. shift. He arrived early for work and changed into his uniform in a locker room located in the State Police facility. State Police Officers are not required to arrive at work before their shift or use the locker room, but it is a common practice for them to do so. At approximately 2:55 p.m., five minutes before the start of his shift, Claimant attempted to dry his hands on the paper towels in a dispenser fixed to the wall of the locker room. Unfortunately, the cover on the towel dispenser inexplicably popped open, and as a result, Claimant cut and injured his hand on the metal corner of the towel dispenser. Because of this injury, Claimant was unable to work from July 11
Thereafter, Claimant applied for Heart and Lung benefits under Section 1(a) of the Act,
The sole issue for our review is whether a State Police Officer, who arrived early at the police station and was injured while preparing for his regularly scheduled shift, was injured in the performance of his duties for purposes of the Act?
The Act provides full compensation to State Police Officers, and other public service personnel, for temporary disabilities incurred “in the performance of [their] duties.” Section 1(a) of the Act, 53 P.S. § 637(a). This specific language was recently interpreted by this Court in Colyer v. Pennsylvania State Police, 165 Pa.Cmwlth. 41, 644 A.2d 230 (1994) and McCommons v. Pennsylvania State Police, 165 Pa.Cmwlth. 280, 645 A.2d 333, petition for allowance of appeal denied, 539 Pa. 671, 652 A.2d 841 (1994).
In McCommons, a state police officer was injured in a car accident while driving to a meeting for the Pennsylvania State Troopers Association. The officer argued that since the union meeting was authorized under the Association’s collective bargaining agreement, and the PSP had granted him leave to attend the meeting, his injuries were covered under the Act. We disagreed. Although attending the meeting was an obligation of the officer as an official in the Association, we rejected his claim since he failed to demonstrate that his “attendance [at the union meeting] constitute^] performance of a police duty.” McCommons, 645 A.2d at 336 (emphasis added).
However, in Colyer, we reached a different conclusion. In that case, an officer was hospitalized for depression after being investigated for allegedly manufacturing and/or planting evidence. While ostensibly the investigation, which was found to have caused his depression, fell outside his duties as a police officer, we held that the officer was entitled to benefits under the Act since he had a duty to assist and cooperate with the investigation. In reaching that decision, we specifically rejected the PSP’s contention that Heart and Lung Act benefits are only available when an officer is injured in the performance of a hazardous duty.
Nonetheless, while granting benefits under the unique set of facts presented in Colyer, we recognized that the language contained in Section 1(a) of the Act has a more narrow focus than similar provisions in the Workers’ Compensation Act.
Claimant and the PSP both acknowledge that the present case does not fall squarely under either our holding in Colyer or our holding in McCommons, but “somewhere in between.” Nonetheless, Claimant believes that we should expand our holding in Colyer and hold, as a matter of law, that Claimant’s injury was sustained in the “performance of his duties.”
Although Claimant makes a cogent and well-reasoned argument, we must ultimately reject his claim based on the principles of strict statutory construction which apply to the Act. See Colyer; McCommons. We must agree with the PSP that preparing for work, no matter how close chronologically to the beginning of one’s shift, is not the same thing as performing one’s duty. In the present case, we realize that the demarcation between preparing for duty and actually being on duty is somewhat tenuous. Nonetheless, based on a strict interpretation of the word “duty,” we find that Claimant’s actions in the present ease do not fall within the parameters of that term for the purposes of the Act. See Colyer; McCommons.
The fact that Claimant’s use of the locker room benefited the PSP, or that it was encouraged, does not change our judgment. State Police Officers do many things everyday which enable them to perform their duty, and which incidentally benefit the PSP. For example, an officer who lifts weights in a gym or practices his marksmanship at a private firing range in his spare time is improving himself as an officer. Such conduct enables him to better meet the physical and skill requirements of his position as a State Police Officer. However, no matter how much these types of activities might incidentally benefit the PSP, they simply do not constitute, in and of themselves, a part of the officer’s duty.
Furthermore, we do not believe a different conclusion is warranted just because the inju
Accordingly, for the reasons enumerated above, the order of the Commissioner is affirmed.
ORDER
NOW, June 28, 1996, the order of the Commissioner of the Pennsylvania State Police in the above-captioned matter is hereby affirmed.
. Act of June 28, 1935, P.L. 477, as amended, 53 P.S. §§ 637-38.
. Claimant also missed his scheduled shift for the day he was injured, July 10, 1994.
. 53 P.S. § 637(a).
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1-1041.4.
. Section 301(c) of the Worker’s Compensation Act, 77 P.S. § 411(1).
.We recognize that under Section 1(b) of the Act, diseases of the heart and tuberculosis "arising directly out of the employment" of an officer are compensable. Section 1(b) of the Act, 53 P.S. § 637(b). Although the language of Section 1(b) of the Act is broader and more analogous to the Workers' Compensation Act than Section 1 (a) of the Act, we do not need to determine the exact parameters of coverage provided by Section 1(b)
. In addition, unlike workers' compensation benefits, Heart and Lung Act benefits are only available for temporary disabilities, not permanent disabilities. Colyer; McCommons; Brandt v. Pennsylvania State Police, 159 Pa.Cmwlth. 66, 632 A.2d 986 (1993), petition for allowance of appeal denied, 537 Pa. 668, 644 A.2d 1204 (1994).
. Conversely, the PSP argues that the present case is distinguishable from Colyer and that we should strictly limit our decision in Colyer to the facts of that case.
. Section 301(c) of the Workers' Compensation Act, 77 P.S. § 411(1), provides that an employee whose injury is caused by the condition of the employer's premises, and where the employee is required to be on the premises, is entitled to receive benefits even if he was not actually engaged in activities furthering the employer’s business at the time of his injury. See Workmen’s Compensation Appeal Board v. United States Steel Corp., 31 Pa.Cmwlth. 329, 376 A.2d 271 (1977) (worker killed in employer’s parking lot before work due to epileptic seizure granted benefits); see also Thomas Jefferson University Hospital v. Workmen's Compensation Appeal Board (Cattalo), 144 Pa.Cmwlth.302, 601 A.2d 476 (1991) (employee awarded benefits where he was injured on employer's premises fifteen minutes before beginning of shift); Good Shepherd Workshop v. Workmen's Compensation Appeal Board (Caffrey), 124 Pa.Cmwlth.262, 555 A.2d 1374 (1989) (employee who injured head on floor of employer’s premises after allegedly suffering seizure granted benefits).
. If we were to hold otherwise in this case, one could logically argue that an officer injured at home while preparing to go to work would also be entitled to benefits whether he was injured washing his hands, taking a shower, or even making a sandwich to be eaten while on duty. Absent a clear intention by the legislature to include such activities within the definition of duty under the Act, we cannot depart from the strict interpretation of that term as mandated by the Statutory Construction Act of 1972 and our own prior decisions.
Dissenting Opinion
dissenting.
I respectfully dissent and would award claimant benefits pursuant to the Heart and Lung Act. I recognize that the language of the Heart and Lung Act is to be strictly construed. Colyer. In addition, I agree with the majority’s reasoning that claims based on an officer being injured at home or another location while preparing to go to work should be rejected. However, based on the facts of this particular case, I believe the majority’s restriction of the Heart and Lung Act goes too far.
The distinguishing factor herein is that it is common practice for police officers to use the locker room, located on PSP premises, prior to beginning a work shift. Moreover, the injury suffered by claimant to his hand happened after he had changed into his uniform in the locker area and only five minutes before the start of his shift.
The resulting injury to claimant’s hand was clearly temporary. Therefore, in this case, I would reverse the Commissioner’s order and award benefits pursuant to the Heart and Lung Act.