City of Harrisburg v. Workmen's Compensation Appeal Board

616 A.2d 1369, 532 Pa. 592, 1992 Pa. LEXIS 534
CourtSupreme Court of Pennsylvania
DecidedNovember 19, 1992
StatusPublished
Cited by10 cases

This text of 616 A.2d 1369 (City of Harrisburg v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Harrisburg v. Workmen's Compensation Appeal Board, 616 A.2d 1369, 532 Pa. 592, 1992 Pa. LEXIS 534 (Pa. 1992).

Opinion

*594 OPINION

NIX, Chief Justice.

Donald E. Gebhart (“Claimant”) appeals from a decision of the Commonwealth Court which reversed an order of the Workmen’s Compensation Appeal Board (“Board”) affirming a referee’s award of benefits under the Pennsylvania Workmen’s Compensation Act (“Act”). 1 The issue presented on appeal is whether the Commonwealth Court erred in reversing a determination of the Board that a police detective whose gun accidentally discharged at home suffered an injury that arose in the course of his employment. For the reasons that follow, we reverse the order of the Commonwealth Court.

The factual matrix out of which this matter arose is as follows. On August 1, 1985, Claimant, a police detective employed by the City of Harrisburg (“Employer”), accidentally shot himself in the leg while unholstering his service revolver upon returning home from work after the end of his work shift. Claimant was unable to work from August 1,1985 to August 28, 1985. Claimant received his full salary during this disability period; however, he was charged sick leave. Claimant sought reinstatement of his sick leave.

Claimant filed a claim petition on October 3, 1985 alleging he had received a work-related injury. The substance of Claimant’s testimony before the referee was, in pertinent part, that

the service revolver was registered to him after he purchased it from Employer, but that he was prohibited from selling or relinquishing it while working for Employer. Claimant further testified that Employer has no departmental regulations stipulating where weapons are to bé stored or what is to be done with them off duty; that the accidental discharge of his weapon violated no bureau policies, procedures, or directives; and that it was normal practice among Employer’s police officers to carry their weapons to and from work since Employer provided no storage area in which to secure loaded firearms. N.T., pp. 4-5, 7, 10. *595 Further, Claimant left work on August 1, 1985 carrying his service revolver in a holster, owned by Claimant---- N.T. pp. 6, 8-10.

City of Harrisburg v. Workmen’s Compensation Appeal Bd. (Gebhart), 118 Pa.Commw. 22, 24, 544 A.2d 1078, 1079 (1988). The referee held that Claimant suffered a compensable injury while in the course of employment and awarded Claimant total disability benefits from August 1, 1985 to August 28, 1985. The Board entered a per curiam order affirming the referee. The Commonwealth Court held that the Board’s finding that Claimant was injured during the course of his employment was incorrect as a matter of law and reversed the Board’s decision. City of Harrisburg v. Workmen’s Compensation Appeal Bd. (Gebhart), 118 Pa.Commw. 22, 544 A.2d 1078 (1988). Claimant petitioned for review in this Court and we granted allocatur. 524 Pa. 631, 574 A.2d 72 (1990).

Employer argues that the referee erred in concluding that the accidental discharge of Claimant’s revolver while unholstering it in Claimant’s home constituted a compensable injury in the course of Claimant’s employment. Rather, Employer states that the injury occurred following the termination of Claimant’s work shift, and thus, was not in furtherance of Employer’s business. Additionally, Employer submits that the evidence shows that Claimant carried the service revolver primarily for his own convenience and was not ordered to do so.

Claimant argues, conversely, that an off-duty police officer injured by handling his service revolver should receive compensation because he is acting in the course of his employment or in the line of duty by furthering his Employer’s objectives. Claimant alleges that he furthered Employer’s objectives by taking his service revolver and securing it in his home since Employer failed to provide a safe place to store the weapon. Moreover, Claimant states that the Commonwealth Court failed to apply the appropriate standard of review and accept the referee’s findings of fact.

The Commonwealth Court properly limited its scope of review on appeal from a decision of an administrative agency *596 to a determination of whether constitutional rights have been violated, an error of law has been committed or any findings of fact are not supported by substantial evidence. 2 Pa.C.S. § 704; 2 Chester Extended Care Ctr. v. Commonwealth, Dep’t of Pub. Welfare, 526 Pa. 350, 355, 586 A.2d 379, 382 (1991); Mathies Coal Co. v. Commonwealth, Dep’t of Envtl. Resources, 522 Pa. 7, 13, 559 A.2d 506, 509 (1989); Estate of McGovern v. Commonwealth, State Employes’ Retirement Bd., 512 Pa. 377, 382, 517 A.2d 523, 525 (1986). The Commonwealth Court complied with the standard that where the Board, as here, takes no additional evidence, the ultimate factfinder is the referee whose findings of fact, if supported by substantial evidence, must be accepted. Katz v. Evening Bulletin, 485 Pa. 536, 539, 403 A.2d 518, 519 (1979). In reviewing this matter, the Commonwealth Court determined that the facts established, as a matter of law, that the injury sustained by Claimant was not in the course of his employment.

With the facts established, the question whether an injury to a workman is sustained in the course of his employment, as contemplated by the Act, is one of law. Hohman v. George H. Soffel Co., 354 Pa. 31, 32, 46 A.2d 475, 476 (1946). Section 301(c) of the Act, 77 P.S. § 411, provides the following definitions of “injury,” “personal injury,” and “injury arising in the course of his employment”:

The terms “injury” and “personal injury,” as used in this act, shall be construed to mean an injury to an employe, ... arising in the course of his employment and related thereto____ The term “injury arising in the course of his employment,” as used in this article ... shall include all ... injuries sustained while the employe is actually engaged in *597 the furtherance of his business or affairs of the employer, whether upon the employer’s premises or elsewhere____

77 P.S. § 411(1) (emphasis added). Further, the referee found in his Findings of Fact:

5. As there is no place on employer’s premises to secure or clean firearms, a service revolver which is required equipment is worn by an officer to and from work and secured at the officer’s home.

Reproduced Record at p. 8a.

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616 A.2d 1369, 532 Pa. 592, 1992 Pa. LEXIS 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-harrisburg-v-workmens-compensation-appeal-board-pa-1992.