Epler v. North American Rockwell Corp.
Epler v. North American Rockwell Corp.
Opinion of the Court
OPINION OF THE COURT
This case is on appeal from the Order of the Commonwealth Court which reversed the Workmen’s Compensation
Decedent, Franklin M. Epler, was employed by North American Rockwell Corporation as a laborer and machine operator in its foundry. On the afternoon of May 19, 1972, decedent parked his car in a lot provided by his employer for employees who drove to work. The municipality in which employer’s plant was located had banned on-street parking in the vicinity of the plant, and thereby, required the employer to provide off-street parking facilities for its employees. The employer then established a pecking order in the allocation of off-street parking facilities, allowing managerial and supervisory personnel to park at a site contiguous to the plant while relegating other classes of employees, such as Mr. Epler, to an unpaved lot located across a public street, Park Road, adjoining the employer’s plant. The pecking order for the most desirable contiguous parking places was established by the issuance of parking lot permits to limit access to contiguous places to designated employees. Violation of employer’s directives as to where to park would result in warnings to the employee and disciplinary action for repeated violations.
Upon the completion of his usual shift, punching in at 3:15 p. m. on May 19, 1972 and punching out at 12:18 a. m. May 20, 1972, Mr. Epler after saying goodnight to the guard at the gate of the plant, proceeded across Park Road heading toward his car where he had parked in the designated lot on the other side of the public thoroughfare. As he was crossing the road, Mr. Epler was struck and killed by one or two automobiles somewhere near the middle of the road at about 12:38 a. m. It was customary for foundry workers to wash up, take a shower, and change clothes after completion of the shift, and the decedent had apparently done this on the day of the accident since his soiled work clothes were found in a bundle in the roadway.
We are called upon to decide whether or not the decedent’s death resulted from an “injury arising in the course
“The terms ‘injury’ and ‘personal injury,’ as used in this act, shall be construed to mean an injury to an employe, regardless of his previous physical condition, arising in the course of his employment and related thereto, and such disease or infection as naturally results from the injury or is aggravated, reactivated or accelerated by the injury; and wherever death is mentioned as a cause for compensation under this act, it shall mean only death resulting from such injury and its resultant effects, and occurring within three hundred weeks after the injury. The term ‘injury arising in the course of his employment,’ as used in this article, shall not include an injury caused by an act of a third person intended to injure the employe because of reasons personal to him, and not directed against him as an employe or because of his employment; but 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, and shall include all injuries caused by the condition of the premises or by the operation of the employer’s business or affairs thereon, sustained by the employe, who, though not so engaged, is injured upon the premises occupied by or under the control of the employer, or upon which the employer’s business or affairs are being carried on, the employe’s presence thereon being required by the nature of his employment.”
The first question is whether the decedent was “on the employer’s premises” within the intendment of the Workmen’s Compensation Act. In construing the phrase “on the employer’s premises”, Pennsylvania courts have looked to whether the location of the accident was so connected with the defendant’s business or operating premises as to form an integral part thereof. Wolsko v. American Bridge Co., 158
Furthermore, the result is not affected by the fact that the parking lot was contiguous to the property on which appellant performed his duties. The Commonwealth Court has properly held that the fact that a parking lot is separated from the employer’s actual business operations or plant by a public thoroughfare is of no significance in determining whether the lot can be considered the employer’s “premises” within the intendment of the Act. IngersollRand Company v. Workmen’s Compensation Appeal Board, et al., supra.
Here there can be no question that the parking lot, on which claimant’s vehicle was parked, was an integral part of the employer’s business. In Shaffer v. Somerset Community Hospital, supra, the court observed that: “In determining the instant appeal, we may not close our eyes to the needs of present day society. The automobile has become the universal means of transportation. A hospital must of necessity have a parking lot.” Although the instant case involves a manufacturing plant and not a hospital, the necessity for the establishment of the parking lot was created not for the mere convenience of the plant’s employees, but so that the employer could meet the obligation imposed on it by arrangement with the municipality in which it was located to furnish off-street parking by requiring a special sticker designating the places where employees were to park. Failure to comply with that directive was subject to disciplinary action.
We find no justification in logic or law which would support the conclusion that compensation should be denied, under the facts of the instant case, solely because the accident occurred while the claimant was crossing a public road. Our cases have consistently recognized that the phrase “course of employment” is to receive a liberal construction. Haas v. Brotherhood of Transportation Workers,
A public roadway was deemed to be “on the employer’s premises” written the meaning of the Act, supra, in Meucci v. Gallation Coal Co., 279 Pa. 184, 123 A. 766 (1924). There this Court stated:
The word “premises”, as appearing in the Compensation Act, . . . , does embrace [property] used in connection with the actual place of work where the employer carries on the business in which the employee is engaged, (citations omitted)
In that decision we recognized that the critical consideration was not the employer’s title to the land but the use of the area in the business operation in which the employee was engaged. In Hesselman v. Somerset Community Hospital, 203 Pa.Super. 313, 201 A.2d 302 (1964) the Superior Court held that a public alley leading to the door of the laundry of the hospital where claimant worked was “on the premises of the employer.” In that case the court found that the alley was an integral part of the employer’s premises even though it recognized that the general public had the right to use the area.
In Strunk v. E. D. Huffman and Sons, 144 Pa.Super. 429, 19 A.2d 539 (1941), where the decedent was struck by an automobile while crossing a public road, the injury was held
The foregoing decisions reflect the view that the critical factor is not the employer’s title to or control over the area, but rather the fact that he had caused the area to be used by his employees in performance of their assigned tasks. The basis for the compensation is that the employee was in the area where the injury was sustained directly because of his employment. Since the Workmen’s Compensation Act, supra, is not premised upon the wrongdoing or negligence of the employer, but rather is bottomed upon the employment relationship, there is no necessity to require a finding of ownership or control. It is sufficient if the employee is required to be in the area because of the employment.
Order of the Commonwealth Court is vacated and the decision of the Workmen’s Compensation Appeal Board awarding compensation is reinstated.
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(1) (Supp. 1978-79).
. We expressly reject the restrictive reasoning of the Commonwealth Court in North American Rockwell Corporation v. Workmen’s Compensation Appeal Board, 21 Pa.Cmwlth. 437, 346 A.2d 379 (1975).
Concurring Opinion
concurring.
As I view what happened in this case, the claimant’s husband met his death while crossing a public highway en route from one part of his employer’s premises — the factory — to another part of the premises — the parking lot. I agree that in this situation the decedent’s death should be compensable.
I concur separately because I believe that the majority states its holding in terms more expansive than warranted by the salutary theory the opinion expounds. The majority is correct that the award of compensation for injuries upon the employer’s premises, the so-called “premises rule”,
The exception to the “premises rule” recognized by the Court today is that an injury in a public street or other off-premises place between plant and parking lots is in the course of employment because it occurs on a necessary route between two portions of the premises. This position represents the majority rule of other jurisdictions, as the cases collected in the margin show.
. See subsection 301(c)(1) of The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, art. Ill, § 301(c)(1), as amended, 77 P.S. § 411(1) (Supp. 1978), reprinted in the Majority Opinion, supra at 1164-1165.
. Lewis v. WCAB, 15 Cal.3d 559, 125 Cal.Rptr. 353, 542 P.2d 225 (1975) (compensable injury incurred by county employee during
Reference
- Full Case Name
- Mabel A. EPLER, Widow of Franklin M. Epler, Deceased, Appellant, and Workmen’s Compensation Appeal Board, v. NORTH AMERICAN ROCKWELL CORPORATION and Pennsylvania Manufacturers’ Association Insurance Company, Appellees
- Cited By
- 70 cases
- Status
- Published