Burger King v. Workmen's Compensation Appeal Board

579 A.2d 1013, 134 Pa. Commw. 547, 1990 Pa. Commw. LEXIS 478
CourtCommonwealth Court of Pennsylvania
DecidedAugust 29, 1990
StatusPublished
Cited by7 cases

This text of 579 A.2d 1013 (Burger King v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burger King v. Workmen's Compensation Appeal Board, 579 A.2d 1013, 134 Pa. Commw. 547, 1990 Pa. Commw. LEXIS 478 (Pa. Ct. App. 1990).

Opinions

SILVESTRI, Senior Judge.

Burger King (Employer) has filed a petition for review from an order of the Workmen’s Compensation Appeal Board (Board), dated March 15, 1989, affirming the referee’s decision to grant disability and disfigurement benefits to Albert Paul Boyd (Claimant). We reverse.

On July 18, 1984, Claimant was employed as a vacation relief manager for Employer. He sustained injuries during the course of his employment when he was involved in an automobile accident while transporting a supply of manager shirts from one Burger King store to another. On November 1, 1984, Claimant filed a claim seeking Workmen’s Compensation benefits. Employer filed an answer averring that Claimant was not entitled to benefits because his violation of the law caused the accident and, in turn, his injuries. By a decision dated November 26, 1987, the ref[550]*550eree granted disability and disfigurement benefits to Claimant. Employer appealed to the Board which affirmed the referee. Employer then filed the present petition for review with this Court.

At the July 17, 1985 hearing before the referee, Claimant testified that he was traveling northbound on Route 352 behind a slow-moving tractor-trailer which he tried to pass on several occasions without success. It was drizzling rain and the roadway was wet. Both Claimant and the tractor-trailer stopped for a red traffic signal at the intersection of Route 3. When the signal turned green, Claimant passed the tractor-trailer by using a right-hand turn lane, which extends from Route 3 to Manley Road. Just before the right-hand turn lane came to an end, Claimant quickly moved into the northbound lane of Route 352, directly in front of the tractor-trailer. Claimant lost control of his vehicle. The next thing he remembers is awakening in Paoli Memorial Hospital.

Claimant’s vehicle had crossed over into the southbound lane and collided with another vehicle killing all three of its occupants. At the time of the accident, Kenneth E. Balentine was traveling directly behind the tractor-trailer and is the only eyewitness. Mr. Balentine testified that he had been traveling behind Claimant before Claimant passed the tractor-trailer. Mr. Balentine further testified that, after it passed the tractor-trailer, Claimant’s vehicle momentarily disappeared from his view and reappeared when it briefly entered the southbound lane. Claimant’s vehicle then disappeared again until it fish-tailed into the southbound lane, colliding with the oncoming vehicle and killing its occupants.

Criminal charges were filed against Claimant in the Chester County Court of Common Pleas. The referee found that Claimant pled guilty to the summary offense of meeting a vehicle proceeding in the opposite direction as well as to three counts of involuntary manslaughter, a misdemean- or offense. Claimant has been sentenced on these charges. [551]*551The criminal complaint and Claimant’s signed guilty pleas were entered into evidence before the referee.

The referee concluded that the collision and resulting injuries to Claimant were not caused by any act of Claimant which constituted a violation of the law under The Pennsylvania Workmen’s Compensation Act1 (Act). Therefore, the referee awarded benefits to Claimant, and the Board affirmed, agreeing that no “violation of law” caused Claimant’s injuries.

Our scope of review is limited to determining whether constitutional rights were violated, an error of law was committed or the necessary findings of fact are not supported by substantial evidence. Administrative Agency Law, 2 Pa. C.S. § 704; Mackintosh Hemphill v. Workmen’s Compensation Appeal Board (Banicki), 116 Pa. Commonwealth Ct. 401, 541 A.2d 1176 (1988). We are here presented with the legal question of whether a summary offense, when it is a necessary element and directly results in the commission of a misdemeanor, may constitute a violation of law under the Act. Specifically, we are to determine if the referee made an error of law by concluding that Claimant’s commission of the summary offense of meeting a vehicle proceeding in the opposite direction was not a “violation of law” that caused his injuries.

The Act, 77 P.S. § 431, provides that no compensation shall be paid when the injury to an employee is caused by his own violation of the law. It would not be inconsistent with the prior decisions of this Court for us to rule that, under certain circumstances, a summary offense can constitute a violation of the law under the Act. In Hopwood v. City of Pittsburgh, 152 Pa. Superior Ct. 398, 403, 33 A.2d 658, 660 (1943), our Superior Court held that a violation of law under the Act means, “in general,” a felony or a misdemeanor. Subsequent decisions by this Court have cited Hopwood when making such statements as: “It is generally understood that ‘violation of law’ means the [552]*552commission of a felony or a misdemeanor.” Abbotts Dairies v. Workmen’s Compensation Appeal Board, 38 Pa. Commonwealth Ct. 423, 427, 393 A.2d 517, 518 (1978) (emphasis added); see Fink v. Workmen’s Compensation Appeal Board, 37 Pa. Commonwealth Ct. 67, 388 A.2d 1152 (1978); Hemer v. Workmen’s Compensation Appeal Board (Phillis and Miller Express, Inc.), 71 Pa.Commonwealth Ct. 174, 454 A.2d 225 (1983). When we have not cited Hopwood to support this legal proposition, we have cited Abbotts Dairies, sometimes omitting the decision’s “general” language and boldly stating that a “violation of law is understood to mean the commission of a felony or misdemeanor.” Lomax v. Workmen’s Compensation Appeal Board (Mitchell), 121 Pa.Commonwealth Ct. 371, 375, 550 A.2d 866, 867 (1988). Nevertheless, the use of the phrases “in general” or “generally” when referring to this legal question is extensive throughout our decisions. We have never expressly excluded all summary offenses, but, instead, have left open the possibility that, under certain circumstances, something less than a felony or misdemean- or may be deemed a “violation of law.”

Moreover, our Supreme Court has recently allowed the inclusion of certain summary offense convictions into civil proceedings, where previously only felony and misdemeanor convictions could be introduced at trial. In Folino v. Young, 523 Pa. 532, 568 A.2d 171 (1990), a civil action was filed against a driver for damages arising out of an automobile collision. Howard Young (Young) was operating a vehicle travelling in a southerly direction when he crossed over into the northbound lane while negotiating a left-hand curve. As a result of the cross over, Young collided with a northbound vehicle, killing a passenger in that vehicle. Young was charged and found guilty, by a jury, of driving at an unsafe speed, a summary offense, and the non-summary offense of homicide by vehicle.

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Burger King v. Workmen's Compensation Appeal Board
579 A.2d 1013 (Commonwealth Court of Pennsylvania, 1990)

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579 A.2d 1013, 134 Pa. Commw. 547, 1990 Pa. Commw. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burger-king-v-workmens-compensation-appeal-board-pacommwct-1990.