203 Pa. Super. 313 | Pa. Super. Ct. | 1964
Opinion by
This is a workmen’s cempensation case. The Referee found that an accident had occurred in the course of claimant’s employment, and made an award for total disability for a period of nine months and thereafter for partial disability at the rate of twenty-five percent. Both employer and claimant appealed to the Workmen’s Compensation Board, which affirmed the action of the Referee in making an award, but found that claimant’s disability continued to be total. Upon appeal by the employer to the Court of Common Pleas of Somerset County, the Board’s determination that a compensable accident had occurred was sustained. However, the court below concluded claimant’s disability did not continue to be total and directed that judgment be entered “in accordance with the award as made by the Referee”. The employer and its insurance carrier have appealed to this court. The claimant did not appeal.
The record discloses that Henry J. Hesselman, the claimant, had been employed for a number of years by the Somerset Community Hospital as an orderly. He worked on a shift commencing at 3:00 p.m. On February 19, 1960, at 2:50 p.m., claimant slipped and fell as he was reaching for the knob of a door leading from an alley to the hospital laundry building. The injury which resulted was diagnosed as a “comminuted oblique fracture of the surgical neck of the left humerus”. It is the contention of the appellants that, at the time of the accident, claimant was not in the course of his employment within the meaning of Section 301(c) of The Pennsylvania Workmen’s Compensation Act. Act of June 2, 1915, P. L. 736, Section 301(c), 77 P.S. 411.
The main hospital building is located on South Center Street in the Borough of Somerset and ex
The sole question which we are required to determine on this appeal is whether the record sustains the finding of the compensation authorities that claimant was in the course of his employment at the time of the accident. We answer this question in the affirmative. It is our view that, when claimant reached the alley, he was on his employer’s premises for the purposes of workmen’s compensation.
The pertinent provision of Section 301(c) of the statute reads as follows: “The term ‘injury by an accident in the course of his employment’ . . . shall include all other injuries sustained while the employe is actually engaged in the furtherance of the business or affairs of the employer, whether upon the employer’s premises or elsewhere, and shall include all injuries caused by the condition of the premises or by the operation of the employer’s business or affairs thereon, sustained by the employe, who, though not so engaged, is injured upon the premises occupied by or under the control of the employer, or upon which the employer’s business or affairs are being carried on, the employe’s
Appellants argue that claimant fell in a public alley on his way to work and was not then engaged in furthering the business or affairs of his employer. As a general rule, an employe who is injured on his way to work, and before reaching his employer’s premises, cannot recover: Giallonardo v. St. Joseph’s College, 177 Pa. Superior Ct. 87, 111 A. 2d 178. In the Ciallonardo case, having alighted from a trolley car, claimant fell on the public sidewalk. In denying recovery we distinguished cases wherein the injury occurred while the employe was on a private way controlled by the employer and used in its business. See Kasavage v. State Workmen’s Insurance Fund, 109 Pa. Superior Ct. 231, 167 A. 473; Dougherty v. Bernstein & Son, 160 Pa. Superior Ct. 587, 52 A. 2d 370; Grazer v. Consolidated Vultee Aircraft Co., 161 Pa. Superior Ct. 434, 55 A. 2d 538. A factual situation markedly similar to that in the instant case was presented in Feeney v. Snellenburg & Co., 103 Pa. Superior Ct. 284, 157 A. 379, in which the claimant was injured on the sidewalk of a private street under the control of the employer a few feet from the store entrance which she was required to use. The street in question was bordered on both sides by the employer’s store buildings, which were connected over the street above the first floor. We
In the case at bar, for all practical purposes, the alley was hospital property. It was cared for and maintained by the hospital, and claimant was required to use it as a means of access to the laundry building. The fact that, at the time of the accident,
Before concluding, we will briefly refer to claimant’s contention that, since the question whether his disability is total or partial is one of fact,
Judgment affirmed.
The alley has since been vacated.
Spina v. Gahagan Construction Corp., 184 Pa. Superior Ct. 420, 135 A. 2d 760; Bobbouine v. Rex Shoe Co., 200 Pa. Superior Ct. 273, 188 A. 2d 848.