10 Pa. Commw. 247 | Pa. Commw. Ct. | 1973
Opinion by
This is the United States Steel Corporation’s appeal from a decision of the Workmen’s Compensation Appeal Board affirming an award of compensation to Robert Engster. Mr. Engster suffered serious injuries when a fellow employe without warning struck him in
The facts are undisputed. On Friday, December 11, 1970, Mr. Engster, at the direction of his foreman at the mill in which he worked, placed two garbage pails adjacent to the work area of another employe, one Mike Carlson. Mr. Carlson objected and addressed vulgar comments to Mr. Engster. On Saturday, December 12, 1970, Mr. Carlson placed a sign on the pails on which he had written a vulgar description of Mr. Engster. On Monday, December 14, 1970, Mr. Carlson glared at Mr. Engster. On Tuesday, December 15,1970, Mr. Engster arrived at the mill parking lot on his way to work and there encountered Mr. Carlson who wanted to fight. Mr. Engster refused but stated that he would accommodate Mr. Carlson elsewhere at a later time. Thereupon Mr. Carlson struck the claimant fair in the face. Mr. Engster testified that he did not know Mr. Carlson previous to the garbage pail incident except as a fellow worker whom he had seen once. The employer’s counsel considered, but decided against, calling Mr. Carlson as a witness.
Was Mr. Carlson’s act intended to injure the claimant “because of reasons personal to him” or was it directed against the claimant because of his employment? Three principles of law would seem to be against the employer. First, The Pennsylvania Workmen’s Compensation Act is remedial and is to be liberally construed in favor of the employe. Whitehead v. Casey Building Wreckers, Inc., 6 Pa. Commonwealth Ct. 256,
Order
And now, this 10th day of October, 1.973, judgment is entered in favor of Robert Engster and against the United States Steel Corporation for compensation for total disability at the rate of |60.00 per week from December 23, 1970 to January 6, 1971, and the United States Steel Corporation shall pay the following bills:
Dr. Emory A. Rittenbouse.................. 10.00
Mercy Hospital ............................ 115.90
Dr. Joseph Cipeic .......................... 300.00
Pittsburgh Anesthesia Associates ............ 12.00
(Mercy Hospital)
and reimburse the claimant $1.00 for medicine and for any portion of the aboye listed bills paid by him. The United States Steel Corporation shall pay interest on deferred payments herein ordered at the legal rate.