Commonwealth v. Greenwood

508 A.2d 292, 510 Pa. 348, 1986 Pa. LEXIS 761
CourtSupreme Court of Pennsylvania
DecidedApril 23, 1986
DocketNo. 20 M.D. Appeal Dkt. 1984
StatusPublished
Cited by9 cases

This text of 508 A.2d 292 (Commonwealth v. Greenwood) 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
Commonwealth v. Greenwood, 508 A.2d 292, 510 Pa. 348, 1986 Pa. LEXIS 761 (Pa. 1986).

Opinions

OPINION

McDERMOTT, Justice.

This appeal involves the question of whether a Pennsylvania National Guardsman, injured while participating in annual training, is eligible for compensation under the Commonwealth’s military benefit provisions.

David Greenwood was a member of the Pennsylvania National Guard. He enlisted in 1969 and was scheduled for discharge on September 17, 1975. In August of 1975, he attended what was to be his last annual encampment at Fort Indiantown Gap. While loading a truck at camp he injured his back. He was treated by Army physicians and put on incapacitation pay. He applied for a disability pension, which was denied, and on September 17, 1975, he was, according to the scheduled end of his enlistment, discharged from the Guard. His incapacitation pay ended, and, except for continued medical services, the Army denied all other claims for benefits on grounds that appellee’s injury was not such as to entitle him to disability compensation beyond his date of discharge. Since the standards for evaluating a soldier’s fitness for duty are not the same as those used to assess disability for civilian occupations the federal government, applying its standards, determined that appellee, although injured, was not disabled from military duty. Appellee therefore was discharged because he requested discharge, and not because he was unfit for military duty. That he was unable to return to his civilian construction job until January, 1976, was not disputed.

Since the Army would afford no relief beyond free medical care claimant filed for benefits under the Pennsylvania Workmen’s Compensation Act,1 alleging that he was injured upon the business of the state. The compensation referee denied benefits upon the ground that while undergoing [351]*351annual training with the Guard he was not employed by the state. The Workmen’s Compensation Appeal Board reversed the referee, holding that the claimant was, while on duty with the Guard, a state employee and entitled to state compensation if he was not compensated by the federal government.

On appeal, the Commonwealth Court vacated the award, holding that, although the Pennsylvania Workmen’s Compensation Act was to be applied in computing the amount of compensation in a given case, the Department of Military Affairs had exclusive authority to determine whether eligibility for state military benefits lies for a member of the Pennsylvania National Guard v. Commonwealth, Pennsylvania National Guard v. Workmen’s Compensation Appeal Board, 63 Pa.Cmwlth. 1, 437 A.2d 494 (1981).

Claimant subsequently filed a claim2 for disability compensation with the Department of Military Affairs under Section 844 of the Military Code of 1949,3 the provision governing state military benefits. The Department of Military Affairs decided that a Guardsman on duty at annual training encampment was serving the federal government and hence claimant was not entitled to state military benefits. Appeal from that determination was taken again to the Commonwealth Court. That court, in a two-to-one decision, held that the Department of Military Affairs was [352]*352in error and that claimant Greenwood was entitled to state benefits. Greenwood v. Commonwealth, Department of Military Affairs, 78 Pa.Cmwlth. 480, 468 A.2d 866 (1983). We granted allocatur to decide the question. The case was argued on May 15, 1985, and, pursuant to order of Court, reargued on January 22, 1986.

Whether claimant is eligible for state military benefits in the instant situation is controlled both by the character of National Guard annual training and by Section 844 of the Military Code of 1949.4 That section provided as follows:

If any officer or enlisted man of the Pennsylvania National Guard is wounded or otherwise disabled, or dies as a result of wounds or other disability received or contracted while performing duty in active service of the State or in the performance of other State military duty under competent order or authority, or while engaged in volunteer service during a civil emergency at the request of competent military authority, he, or his dependents, if not compensated therefor by the government of the United States, shall receive from the Commonwealth just and reasonable relief, the amount of compensation to be determined in accordance with the Workmen’s Compensation Law of Pennsylvania.

The Commonwealth Court majority, per Judge David W. Craig, determined that the annual training in which claimant was engaged was such state military duty as would meet the threshold requirement of that section. Further, the court held that claimant was not barred under the provision that otherwise eligible candidates shall receive relief only “... if not compensated therefor by the government of the United States.” The court thus ordered the award of benefits.

In his dissent, Judge John A. MacPhail disagreed with both aspects of the majority’s decision. He would have held that the claimant “was not in the active service of the Commonwealth when his injury occurred,” id. at 489, 468 [353]*353A.2d at 871; and further, that the federal benefits received by the claimant constituted his exclusive remedy.

In reaching its decision, the Commonwealth Court majority carefully analyzed the history and function of the National Guard and noted its hybrid status as an instrumentality of both the state and federal governments. They further observed that annual training qualifies neither as active state duty under Section 311 of the Pennsylvania Military Code,5 nor as “active federal service” under 10 U.S.C. §§ 3495, 3500.6 Nevertheless the majority held, in effect, that since National Guard annual training has a state aspect, such is sufficient to qualify annual training as “other State military duty” for purposes of Section 844. While much of the analysis employed by the Commonwealth Court majority is illuminating, we cannot accept the conclusion ultimately reached.

As always, our analysis must be guided by the statutory construction maxim that “[t]he object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be construed, if possible, to give effect to all its provisions.” 1 Pa.C.S. § 1921(a).

Before addressing the question of when the General Assembly intended state military benefits to apply, it is instructive to note how pervasively federal most material aspects of the annual training program are. While the [354]*354Govenor of the Commonwealth is directed to accept federal allotments of troops and property, 51 P.S. § 1-302,7 and to furnish shelter and storage provisions and to carry out the training requirements set forth by the federal government, 51 P.S. § 1-303,8 in virtually every meaningful respect it is the federal government’s system of benefits and regimen that controls the annual training process. Regardless of the host state involved, the training is authorized by federal law, 32 U.S.C.

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832 A.2d 987 (Supreme Court of Pennsylvania, 2003)
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534 A.2d 160 (Commonwealth Court of Pennsylvania, 1987)
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509 A.2d 973 (Commonwealth Court of Pennsylvania, 1986)

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Bluebook (online)
508 A.2d 292, 510 Pa. 348, 1986 Pa. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-greenwood-pa-1986.