174 Pa. Super. 394 | Pa. Super. Ct. | 1953
Opinion by
Claimant, widow of William J. Hadfield, filed a petition for workmen’s compensation on behalf of herself and minor child for the death of her husband. The petition set forth that deceased died oh June 22, 1951 as the result of injuries sustained while driving an automobile in the course of his employment. An answer was filed in which it was denied that Hadfield was in the course of his employment at the time of his death. The referee found that deceased was in the course of his employment and awarded compensation to the minor child but disallowed the claim of the widow because she was not living with or dependent upon deceased at the time of his death. No appeal was taken by the widow. The Workmen’s Compensation Board affirmed the award of the referee, and the court below, on appeal by defendant and its insurance carrier, sustained the award and entered judgment thereon. This appeal was taken by the employer and its insurance carrier.
The facts, which are not in dispute, disclose that Hadfield was employed as an investigator for The American Society of Composers, Authors and Publishers, and worked out of their office in the Lincoln-Liberty Building, Philadelphia. His duties consisted of visiting various restaurants, cafes and taprooms for the purpose of determining whether or not the music and entertainment furnished in these establishments
The sole question for determination is whether the deceased was fatally injured in the course of his employment.
The referee’s tenth finding of fact, affirmed by the Board, is as follows: “That the decedent was actually engaged in the course of his employment for the defendant at the time of the accidental injury, in view of the additional statements made at the hearing before
Appellants maintain the facts show deceased was engaged solely upon a personal mission which was entirely for his own benefit and pleasure at the time of his fatal injury and contend there was no competent evidence that deceased was actually engaged in furthering the business of his employer at the time of his death and therefore he was not in the course of his employment. Appellants’ contention cannot be sustained.
Whether, on the basis of the facts found, the deceased was in the course of his employment when fatally injured is a question of law. Walden v. Williams Bros. Corporation, 167 Pa. Superior Ct. 289, 74 A. 2d 762. But on this appeal, the compensation authorities having found in favor of the claim of the minor child, the evidence must be viewed in the light most favorable to the claimant and claimant must be given the benefit of every inference reasonably deducible therefrom. Darmopray v. Budd Mfg. Co., 169 Pa. Superior Ct. 200, 82 A. 2d 341; Halloway v. Carnegie Illinois Steel Corp., 173 Pa. Superior Ct. 137, 96 A. 2d 171.
The evidence discloses that the deceased, at the time of the accident, was driving his company car on the most direct route from the place where he had just concluded a special investigation towards West Philadelphia, that part of his territory in which he had concentrated his investigations on the five consecutive Friday nights preceding the Friday on which
The finding of the referee, affirmed by the Board, that Hadfield was actually engaged in the course of his employment at the time of the accidental injury, based on the inference that he was on his way to another place for his work or on the way to his home, was fairly deducible from the undisputed facts. As was stated by President Judge Rhodes in Walden v. Williams Bros. Corporation, supra, p. 292: “Findings
Judgment affirmed.