March Brownback Co. v. Favinger
March Brownback Co. v. Favinger
Opinion of the Court
Opinion by
The sole issue before this Court on appeal is whether the decedent in this workmen’s compensation case was temporarily beyond the territorial limits of the Commonwealth when he met his death as the result of an accident.
Decedent had been employed by March Brownback for approximately twenty-two years as a maintenance man. The employer had operated a foundry business in Pottstown, Pennsylvania. In anticipation of a move of the business operation from Pottstown to Plainfield, New Jersey, decedent was sent to Plainfield on July 10, 1968 to assist in setting up equipment for the new operation. In the pursuit of this assignment, he would drive to Plainfield on the Monday of each work week from his home in Pottstown and stay at night on the grounds there in a camper truck which he owned. He occasionally drove back to Pottstown on Wednesday night and always returned on weekends. While so involved in the setting up of equipment for the move of the business, he was injured in an explosion in the
Alter hearings held upon a fatal claim petition filed by his widow, the referee awarded compensation benefits and reimbursement of certain bills. This action was affirmed by the Workmen’s Compensation Appeal Board.
In this appeal, the employer contends that this was not a temporary assignment of work outside Pennsylvania but was the beginning of decedent’s permanent employment in New Jersey. We disagree and hold that the evidence on the record supports the findings and conclusions of the Board.
Since the claimant, who had the burden of proof, prevailed below our review of the Board’s decision is limited to a determination of whether there is substantial evidence to support the Board’s findings giving to the claimant the benefit of the most favorable inferences deducible from the testimony. Nash v. Sandnes’ Sons, Inc., 6 Pa. Commonwealth Ct. 403, 295 A. 2d 615 (1972); Bambrick v. Asten Hill Mfg. Co., 5 Pa. Commonwealth Ct. 664, 291 A. 2d 354 (1972). We also realize that the Workmen’s Compensation Act must be liberally construed in favor of an injured employe. Sims v. American Can Co., 6 Pa. Commonwealth Ct. 423, 296 A. 2d 290 (1972); Whitehead v. Casey Building Wreckers, 6 Pa. Commonwealth Ct. 256, 294 A. 2d 215 (1972).
Section 101 Workmen’s Compensation Act
We find no cases directly on point with this factual situation. However, Nemitz v. Air Services International, et al., 7 Pa. Commonwealth Ct. 373, 298 A. 2d 654 (1972) and cases cited therein are instructive and support our realistic approach to this factual setting.
We hold that the evidence supports the Board’s conclusion that at the time of his fatal accident, decedent was performing services for his employer whose place of business was within the Commonwealth.
And Now, this 19th. day of April, 1973, the Workmen’s Compensation Appeal Board’s order sustaining the Referee’s award is hereby affirmed. Judgment is entered in favor of the claimant, Joyce T. Favinger and against March Brownback Company, Inc., and Pennsylvania Manufacturers’ Association Insurance Company in the amount of $2,240.40 for medical bills and funeral expenses and for compensation at the rate of $39.00 per week beginning from August 4, 1968 together with interest at the rate of 6% per annum on deferred installments from the date due to date paid and continuing for an indefinite period, all within the terms and limitations of the Pennsylvania Workmen’s Compensation Act.
Act of June 2, 1915, P. L. 736, Art. 1, §101, as amended, 77 P.S. §1.
The fact that the workmen’s compensation insurance coverage had been amended to include activities in Plainfield is not determinative since coverage continued to include the Pottstown activity.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.