76 Pa. Commw. 596 | Pa. Commw. Ct. | 1983
Opinion by
This case consolidates two appeals from the decision and order of the Workmen’s Compensation Appeal Board (Board). The William F. Rittner Co. (Employer) appeals from the Board’s affirmance of a referee’s decision granting compensation to the widow and minor children of Ernest L. Rittner (Decedent), who was killed in a motor vehicle accident while driving a van owned and maintained by the Employer. (No. 3040 C.D. 1981) The Decedent’s widow (Claimant) appeals from the Board’s affirmance of the referee’s denial of the Claimant’s petition for attorneys fees and penalties under Section 440 of The Pennsylvania Workmen’s Compensation Act.
The factual context of the case can be drawn from the referee’s findings of fact, which have not been challenged by either party. Those findings indicate that the Decedent, at the time of his death on
With respect to the circumstances of the fatal accident, the referee found that the Decedent was driving alone in the van when the accident occurred sometime between 5:15 and 5:25 p.m. on December 20, 1978. According to the referee’s findings, the Decedent left the Employer’s premises sometime between 4:40 and 4:55 p.m. and was headed home at the time of the accident. Although the road on which the accident occurred was not the most direct route to the Decedent’s residence, the referee concluded that the Decedent probably deviated from the most direct route due to hazardous driving conditions. On the basis of these findings, the referee concluded as a matter of law that the Decedent was, at the time of the accident, engaged in the scope of his employment as defined by Section 301(c)(1) of the Workmen’s Compensation
The crux of the Employer’s argument is that the Claimant failed to prove that at the time of the accident the Decedent was actually engaged in the business or affairs of his employer. The Employer challenges the proposition announced by the Board that “[i]f the employer provides a van for use in the business after the employee reaches his home, it can only follow as a matter of law that the employee is within the scope of his employment while driving it home.” Whether that proposition, as applied to this case, is consistent with the statutory and decisional authorities is the issue we must resolve.
Before launching into a discussion of the tenets and authorities which govern the question of whether the Decedent was engaged in the scope of his employment at the time of his death, we note the well-settled guidelines which determine our scope of review in cases such as this. The scope of appellate review is confined to an examination of the record to determine whether the findings of fact made by the referee are supported by substantial evidence,
We have repeatedly applied the “going-and-coming rule” to claims that arise from injuries which occurred after the claimant left the employer’s premises enroute to his residence. Under that rule, an injury sustained while an employee is going to or coming from work does not occur in the course of employment unless at least one of the following exceptions is met:
1. claimant’s employment contract includes transportation to and from work;
2. claimant has no fixed place of work;
3. claimant is on a special mission for employer; or
4. special circumstances are such that claimant was furthering the business of the employer.
Setley, 69 Pa. Commonwealth Ct. at 244, 451 A.2d at 11; Davis v. Workmen's Compensation Appeal Board, 41 Pa. Commonwealth Ct. 262, 398 A.2d 1105 (1979). Based on the referee’s findings, we conclude that the
Furthermore, even if the Claimant were required to show that the Decedent was actually engaged in his employer’s business, that requirement would be met in this case. Our conclusion is based on two factors: first, the referee’s well-substantiated finding that the Dece
We are unimpressed by the Employer’s prediction that failure to require the Claimant to show that the Decedent was actually engaged in the employer’s business at the time of the accident will result in benefits being granted whenever an employer provides a vehicle to an employee, regardless of the purpose for which the employee uses the vehicle. We are, first of all, bound to follow the holding in Krawchuk, however troubling the consequences. Furthermore, we have decided a sufficient number of cases involving off-premises injuries —both before and after Krawchuk— not to be concerned that our holding in this case will open the floodgates for awards to employees whose activities were wholly unrelated to their employers’ affairs. See, e.g., Hess v. Workmen's Compensation Appeal Board, 17 Pa. Commonwealth Ct. 87, 329 A.2d 923 (1975) (held that injury sustained in automobile accident did not arise in course of employment where, despite fact that claimant was operating car provided by employer, there was evidence that employer had no business dealings in vicinity where accident occurred, and that claimant had business connection with another company).
We also find no error in the Board’s affirmance of the denial of the Claimant’s petition for attorneys fees. This issue, like the other issue in these appeals, is one of law. Edmond v. Workmen's Compensation Appeal Board, 43 Pa. Commonwealth Ct. 458, 402 A.2d 715
Accordingly, we affirm the decision of the Board both with respect to its granting compensation to Claimant, and the denial of the petition, for attorneys fees.
Order
And Now, this 29th day of August, 1983, the order of the Workmen’s Compensation Appeal Board at Decision A-80721 is affirmed.
Act of June 2, 1915, P.L. 736, as amended, added by Section 3 of the Act of February 8, 1972, P.L. 25, 77 P.S. §996.
The fact that the claimant was an executive officer of the business does not foreclose his entitlement to benefits. Forschner v. Workmen’s Compensation Appeal Board, 60 Pa. Commonwealth Ct. 258, 431 A.2d 374 (1981).
Section 301(c)(1), 77 P.S. §411(c)(l), reads in pertinent part as follows:
The terms “injury” and “personal injury” as used in this act, shall be construed to mean an injury to an employe,... arising in the course of his employment and related thereto,... and wherever death is mentioned as a cause for compensation under this act, it shall mean only death resulting from such injury.... The term “injury arising 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.
The referee is the ultimate fact-finder where, as here, the Board has taken no additional evidence. Crouse v. Workmen’s Compensation Appeal Board, 57 Pa. Commonwealth Ct. 430, 426 A.2d 749 (1981).