The only issue presented in this appeal is whether the employee’s death occurred in the course of his employment under the Workers’ Compensation Act, G. L. c. 152, § 26. The reviewing board (board) of the Department of Industrial Accidents found that it did not and denied his widow benefits under G. L. c. 152, § 31. The matter was reported to panel of this court pursuant to the Standing Order Implementing the Interim Rule for Processing Appeals to a Single Justice in Workers’ Compensation Cases (1987).
We summarize the facts, which are not in dispute. Gerald R. LaRocque was employed as a custodian at the Berkshire Community College. On January 26, 1984, the college terminated his employment based on an unrelated matter. On February 6, 1984, he testified at a grievance hearing that he had filed a false report concerning the cause of a hand injury
The single member of the Industrial Accident Board found that LaRocque’s death did not arise out of and in the course of his employment and dismissed the claim for benefits. On appeal, the Industrial Accident Reviewing Board affirmed the denial of benefits on the ground that his death did not occur in the course of his employment. Accordingly, the reviewing board found it unnecessary to determine whether his death “arose out of” his employment. We affirm the reviewing board’s decision.
The determination whether an injury “arose out of’ and “in the course of’ employment is a question of fact to be decided by the single member.
Corraro’s Case,
In order for an injury to be compensable, the injury must not only “arise out of’ but also “in the course of’ employment. G. L. c. 152, § 26. “Arising out of’ refers to the causal origin, see
Zerofski’s Case,
In determining whether LaRocque’s death occurred in the course of his employment, we first consider the time and place of his death in relation to his employment. It is undisputed that LaRocque’s death occurred at home at least two weeks after his discharge. Generally, termination of employment extinguishes an employer’s liability for an injury to an employee which occurs after his discharge.
Harvey’s Case,
Also to be examined in determining whether the employee’s heart attack occurred in the “course of his employment” are the circumstances of its occurrence. Even though an injury occurs off the employer’s premises or outside normal working hours, it may be compensable under the Workers’ Compensation Act, if the employee at the time of the injury was engaged in the furtherance of his employer’s business or in pursuit of some benefit to his employer.
Chapman’s Case,
We conclude that the board properly determined that the myocardial infarction sustained by the employee, resulting in his death, did not occur in the course of his employment. The report of the single justice is discharged. The decision of the Industrial Accident Reviewing Board is affirmed.
So ordered.
