Workmen's Compensation Appeal Board of the Commonwealth v. Greene
Workmen's Compensation Appeal Board of the Commonwealth v. Greene
Opinion of the Court
Opinion by
This action is again before us after having been remanded to the referee under our order to the Workmen’s Compensation Appeal Board (Board) in Greene v. Marger, Inc., 12 Pa. Commonwealth Ct. 423, 317 A.2d 358 (1974). In that order we directed that a proper adjudication be made with specific findings as to whether or not Monroe Greene, the claimant’s husband, was killed in the course of his employment with Marger, Inc. (Marger). The referee thereupon found that the decedent was killed in the course of such employment and awarded benefits, but the Board reversed this finding and denied benefits. The claimant-widow now appeals to this Court, and we must reverse the Board and affirm the referee.
Whether or not an employee is in the course of his employment is, of course, a legal question based upon findings of fact all of which are subject to our review. Scarpelli v. Workmen’s Compensation Appeal Board, 18 Pa. Commonwealth Ct. 30, 333 A.2d 828 (1975). The decedent here was employed by Marger, a business which owned and placed vending machines in commercial establishments at various locations. On remand, the referee made the following applicable findings regarding the decedent’s employment by Marger and his activity in relation thereto on the day of the accident:
“THIRD: The duties of the decedent with the defendant included the overall supervision of the defendant’s business, said business being that of owning and placing vending machines in business establishments in the area served by the defendant. These duties specifically entailed public relations with the defendant’s customers and visiting their establishments served by the defendant on various occasions.
“FOURTH: On May 23, 1968 the decedent accompanied by his wife, the claimant-widow herein, was traveling by automobile on Route 22 from Altoona to Lewistown. The decedent stopped at Motel 22 located on Route 22 near Mt. Union, Pennsylvania, said establishment being one of the defendant’s customers. The decedent entered the establishment, the claimant remained in the automobile.
“FIFTH. Upon resuming their journey to Lewis-town with the intention of stopping at Corkin’s Restaurant, Lewistown, Pennsylvania, another customer of the defendant, and shortly after leaving Motel 22 on May 23, 1968, the decedent was involved in a collision which resulted in his death on May 24, 1968.”
We, therefore, enter the following
Order
And, Now, this 17th day of October, 1975, the appeal by Isabelle Greene is sustained and the decision of the referee is reinstated and affirmed. Accordingly, Marger, Inc. is hereby ordered to pay to the claimant death compensation at the rate of $39.00 per week from May 25, 1968 for the duration of her widowhood, all within the terms and limits of The Pennsylvania Workmen’s Compensation Act.
It is further ordered that Marger, Inc. shall reimburse the claimant the sum of $750.00 for burial expenses of the decedent, the maximum allowed under the Act.
The above award is to bear interest at the rate of 6% per annum on all deferred payments of compensation in accordance with the provisions of The Workmen’s Compensation Act.
Reference
- Full Case Name
- Workmen's Compensation Appeal Board of the Commonwealth of Pennsylvania and Marger, Inc. and State Farm Fire Casualty Co. v. Isabelle Greene, Widow of Monroe Greene. Isabelle Greene
- Cited By
- 1 case
- Status
- Published