Griesinger v. Workmen's Compensation Appeal Board

503 A.2d 1016, 94 Pa. Commw. 332, 1986 Pa. Commw. LEXIS 1847
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 24, 1986
DocketAppeal, No. 831 C.D. 1984
StatusPublished
Cited by6 cases

This text of 503 A.2d 1016 (Griesinger 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
Griesinger v. Workmen's Compensation Appeal Board, 503 A.2d 1016, 94 Pa. Commw. 332, 1986 Pa. Commw. LEXIS 1847 (Pa. Ct. App. 1986).

Opinion

Opinion by

Judge Rogers,

Margaret F. Griesinger (¡claimant), the widow of William Grieisinger ((decedent), has filed a petition for review of ¡an order of the Workmen’s Compensation Appeal Board (board) overturning a refexee’is award of compensation on account of her husband’s death. The Griesingers lived in Haverford, Pennsylvania, a Philadelphia suburb.

The decedent wias employed as the Director of International Development by the Atlantic Richfield Company (employer). On November 1, 1972, he died [334]*334as the result of a Coronary occlusion in New York City while on ia business trip for bis employer.

After hearings 'the referee awarded, compensation biased on bis 'conclusion that the decedent died from an injury while .in the course of his employment and that the injury was related to his employment. The employer appelated, 'and the bio,ard set aside the referee’s order and remanded the matter to the referee because although the referee wrote that he did not rely upon certain hearsay testimony by the claimant concerning things told her by the decedent, the board concluded that the referee did consider them, and because the referee failed to find with sufficient specificity what caused the decedent’s death. The board instructed the referee not to consider hearsay in making new findings and to make specific findings on causation.

On remand, the referee pertinently found ¡that the decedent’s employment included duties of a complex nature ¡and involved dealings with foreign countries and corporations; that on October 30, 1972, the decedent told bis supervisor of bis intention to retire by January 1,1973 and of bis desire for a replacement to whom he could transfer his responsibilities; that on November 1,1972, the decedent went to New York City by train for work-related meetings; that the decedent was found de;ad on a subwiay platform; and that the decedent died of occlusive coronary 'arteriosclerosis on November 1,1972. The referee also found that the decedent had arteriosclerosis .and had suffered a heart ¡attack in 1955; ,and that during the two months .preceding bis death, the decedent was restless, irritable and tired, did not ¡sleep regularly, land did not eat as much as ¡before.

The referee further found as follows:

5. Decedent usually worked from his office in Philadelphia although duties took him out of [335]*335the Philadelphia ¡area .several time® a year .and on occasion to other countries.
13. At work, prior to 11/1/72, Decedent was a very .self-¡controlled individual, pleasant ■and ¡always ,an ¡enjoyable person to have a conversation with. The Decedent discussed retirement with [ihis ¡supervisor] on several occasions prior to 10/30/72. And in the course of his assignments in the past, Decedent mentioned to [Ms supervisor] the availability of having younger back-up people so tbey could continue to carry on 'the work that Decedent was engaged in. The whole record, demonstrates that the Decedent, in relation to Ms job, was a conscientious person, and was concerned about the effect Ms retirement would have ¡on Ms employer. . . . He was concerned about whether Ms employer, the Defendant, would have someone carry on the work in wMch he was engaged in for the Defendant, after Ms retirement. The Decedent made known Ms plans for early retirement on several occasions from the .time shortly after he was ■employed by Defendant until 10/30/72 'and discussed the need for .a back-up person. Nowhere ■in the Record does it ¡appear that such ia back-up man was in existence during the time the Decedent worked for Defendant. The fact that the Decedent was a conscientious employee of Defendant and was concerned about how his work would be carried on after Ms retirement, leads the Referee to infer as a fact 'that the Decedent was under pressure, anxiety and tension, in the progressing of Ms work prior to Ms retirement, .and was a contributing factor to Ms death.
[336]*33614. The early arising of the claimant [sic] to leave flor New York on 11/1/72, the trip to New York, the subway ride to PA Railroad Station which Decedent never accomplished, were contributing factors to Decedent’s death.
16. iThe Referee finds as a fact that Decedent’s conscientiousness and Decedent’s request for back-up personnel wh'o could carry on his duties after his retirement and Decedent’s concern that the projects on which he was working would 'be properly carried out after his retirement (laii of which (are set forth in Finding of Fact #13) 'Caused Decedent to he anxious about bis work activities, caused Decedent to be under pressure in .respect of his work .and caused Decedent -to be under tension in respect of bis work activities and .the Referee finds as a Fact that this .anxiety, pressure and tension were work-related and the Referee finds as a fact that this work-related anxiety, pressure 'and tension were contributing factors to Decedent’s death.
17. 'The Referee finds ,as a fact that the business trip to Neiw York City on tbe date of death was a deviation from Decedent’s usual routine and -the Referee finds as a fact that this work-connected trip produced tension and ¡anxiety and pressure, ,al of which were work-related and the Referee finds as a fact that this work-related tension, anxiety and pressure was a contributing factor to Decedent’s death.
18. 'The Referee finds as a fact that Decedent was under tension and pressure and was anxious in view of his elarly retirement and his concern that the business affairs that he was working on would be properly processed to com[337]*337pletion after his retirement and the Referee finds as a fact that Decedent’s restlessness and his insomnia and his level ,of irritability . . . were induced by his concern .that the business matters that he was working on for his employer would be.pnoperly processed to 'completion upon his retirement and the Referee finds that that •restlessness, insomnia and level of irritahility were work-related and the Referee finds as a fact that the work-related restlessness, insomnia 'and level of irritability contributed to Decedent’s death.

The referee’s conclusions of law were that the decedent died of an injury .in the course of his employment .and that his death was related to 'his employment, and that he, the referee', did not consider the decedent’s statements made to the claimant because they were hearsay.

The employer appealed to- the board, which reversed the referee ’is order seemiugLy as not supported •by the record evidence.

Or appeal, the claimiant principally Contends that the referee’s findings .of fact are supported by .substantial evidence. We agree.

The record evidence Contains 'the claimant’s testimony, which pertinently includes the following:

Q. [WJhiat time did your husband leave when he went to Work on the date- of his death? What time did he leave the house?
A. [I]f was around 20 minutes after 6:00.
Q. On those days that he went to New York •on business, what time did he leave the house? What time did he get up?
A. He would get up before 6:00 and he would leave the house quarter after, 20 ¡after 6:00, because he took the 7:00 o ’clock train from Thirtieth Street Station to New York.
[338]*338Q.

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Cite This Page — Counsel Stack

Bluebook (online)
503 A.2d 1016, 94 Pa. Commw. 332, 1986 Pa. Commw. LEXIS 1847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griesinger-v-workmens-compensation-appeal-board-pacommwct-1986.