Investors Diversified Services & Travelers Insurance v. Workmen's Compensation Appeal Board (Howar) (Hoar)

520 A.2d 958, 103 Pa. Commw. 562, 1987 Pa. Commw. LEXIS 1919
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 9, 1987
DocketAppeal, 3275 C. D. 1985
StatusPublished
Cited by28 cases

This text of 520 A.2d 958 (Investors Diversified Services & Travelers Insurance v. Workmen's Compensation Appeal Board (Howar) (Hoar)) 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
Investors Diversified Services & Travelers Insurance v. Workmen's Compensation Appeal Board (Howar) (Hoar), 520 A.2d 958, 103 Pa. Commw. 562, 1987 Pa. Commw. LEXIS 1919 (Pa. Ct. App. 1987).

Opinions

Opinion by Judge Colins,

Investors Diversified Services and Travelers Insurance Company (collectively, employer) appeal an order of the Workmens Compensation Appeal Board (Board) affirming a referees award of workmens compensation to Harold Daniel Howar (Harold Daniel Hoar) (claimant), a registered representative of employer engaged in the sale of insurance and investment contracts.

The following facts are pertinent. Claimant was injured in an automobile accident on December 21, 1980, while returning home from a Christmas party for sales representatives given by Mr. Barry Mates, a divisional sales manager for the employer. The claimants usual place of employment was in his home; he, in feet, visited the employers office only to consult with his supervisor and submit completed contracts.

Following hearings to determine the compensability of claimants injuries, a referee determined that: (1) the claimant was a “traveling employee;” (2) a social function [565]*565enabling salesmen to meet and discuss business furthered the business affairs of the employer; and (3) the claimant was injured in the course of the employers business and in furtherance of the employers business affairs. The referee awarded claimant compensation for total disability, the Board affirmed and the employers appeal to this Court followed.

Upon appeal, the employer contends that the claimant, at the time of his injury, had departed his employment and was engaged in the furtherance of his own affairs and pleasure. The employer maintains that the Christmas party attended by the claimant was a purely social function unrelated to the employers business affairs and that the claimant had further attenuated any putative employment connection by virtue of his conduct in taking a young woman for a ride in his new automobile prior to returning with her to the party and then commencing his ill-fated trip home. The employer also submits^ that the referee erred in finding claimant to be totally disabled, failed to consider the claimants alleged ability to perform his former duties and further failed to credit certain earnings of the claimant against compensation awarded.

We first consider whether the claimants injury was sustained while he was “actually engaged in the furtherance of the business or affairs of the employer,” within the meaning of Section 301(c) of The Pennsylvania Workmens Compensation Act, Act of June 2, 1915, P.L. 735, as amended, 77 P.S. §411(1). The determination of whether an employee is within the course of his employment at the time of injury is one of law subject to our review. Jones v. Workmens Compensation Appeal Board (Rehabilitation Coordinators, Inc.), 88 Pa. Commonwealth Ct. 426, 489 A.2d 1006 (1985). “The phrase ‘actually engaged in the furtherance of the business or affairs of the employer (usually expressed in a more restrictive term ‘in the course of employment’) must be [566]*566given a liberal construction. . . Tredyffrin-Easttown School District v. Breyer, 48 Pa. Commonwealth Ct. 81, 83-84, 408 A.2d 1194, 1195 (1979), citing Feaster v. S. K. Kelso & Sons, 22 Pa. Commonwealth Ct. 20, 23, 347 A.2d 521, 523 (1975).

We further note certain presumptions favoring traveling employees, a category encompassing the claimant here, as the referee so determined. The course of employment of a traveling worker is necessarily broader than that of an ordinary worker. Jones; Schreckengost v. Workmens Compensation Appeal Board, 43 Pa. Commonwealth Ct. 587, 403 A.2d 165 (1979). When such an employee sets out upon the business of his employer and is subsequently injured, there is a presumption that the employee was engaged in the furtherance of his employers business at the time of his injury. Id. A slight deviation will not take the employee out of the course of his employment, Macke Vending Co. v. Abrams, 27 Pa. Commonwealth Ct. 490, 365 A.2d 451 (1976), and unless the employees conduct at the time of the accident was so foreign and removed from his usual employment as to constitute an abandonment thereof, he must be compensated for an injury. Jones; Port Authority of Allegheny County v. Workmens Compensation Appeal Board (Stevens), 70 Pa. Commonwealth Ct. 163, 452 A.2d 902 (1982).

In Tredyffrin, this Court recognized the “importance to employers of social events which sustain good relationships with and the morale of their employees.” 48 Pa. Commonwealth Ct. at 84, 408 A.2d at 1195; see also Feaster. In the instant matter, Mr. Mates, claimants supervisor, testified that he encouraged claimant to attend the party to promote esprit de corps and camaraderie among his employees and to permit them to “rub elbows with people who are successful.” The record reveals, and the referee so found, that awards were given to several employees in recognition [567]*567of high sales performance. The claimant testified that he received an award at this party.

The referee is the ultimate factfinder in cases such as this where, as here, the Board has not taken additional evidence and his findings of fact must be affirmed if they are supported by substantial evidence in the record. Capitol International Airways, Inc. v. Workmens Compensation Appeal Board, 58 Pa. Commonwealth Ct. 551, 428 A.2d 295 (1981). The referees conclusion that the party in the instant matter was a function furthering the employers business interest is amply supported by the record. This party fostered good relationships between the employer’s salesmen, commended laudable employees, and thereby promoted the vitality of the employers sales program. We do not find disqualifying the fact that alcohol was consumed at the party or that Mr. Mates testified that attendance was voluntary. The claimant testified that attendance was “as close to being mandatory as it could be. If [an employee] was not in attendance, [Mr. Mates] wanted to know why.”

We next consider whether claimants conduct in taking a young woman for an automobile ride before returning home constituted an abandonment of his employment, disqualifying claimant from an award of compensation. In Macke, we affirmed an award of compensation for injuries sustained by an employee on the trip home from a dinner meeting provided by the employer, despite the fact that this employee had visited friends nearby after the meeting. We found the employees visit with friends to be only a minor deviation from the course of his employment and not disqualifying. Accord Maher v. Hallmark Cards, Inc., 207 Pa. Superior Ct. 472, 218 A.2d 593 (1966) (employee not disqualified from award of compensation for death in car accident which occurred some five hours after his completion of [568]*568work despite fact that he had spent intervening hours drinking beer).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

J. Martinez v. Lewis Tree Service (WCAB)
Commonwealth Court of Pennsylvania, 2024
Peters, J., Aplt. v. WCAB (Cintas Corp)
Supreme Court of Pennsylvania, 2021
J. Peters v. WCAB (Cintas Corp.)
Commonwealth Court of Pennsylvania, 2019
Torijano v. Workers' Compensation Appeal Board (In a Flash Plumbing)
168 A.3d 424 (Commonwealth Court of Pennsylvania, 2017)
P. Giacalone-Soltesz v. WCAB (Fayette Resources, Inc.)
Commonwealth Court of Pennsylvania, 2017
Ziegenfuss Drilling, Inc. v. WCAB (Dailey)
Commonwealth Court of Pennsylvania, 2015
Knapp v. Workmen's Compensation Appeal Board
671 A.2d 258 (Commonwealth Court of Pennsylvania, 1996)
Vetter v. Fun Footwear Co.
668 A.2d 529 (Superior Court of Pennsylvania, 1995)
Cohen v. Workmen's Compensation Appeal Board
649 A.2d 174 (Commonwealth Court of Pennsylvania, 1994)
University of Pittsburgh v. Workmen's Compensation Appeal Board
648 A.2d 1315 (Commonwealth Court of Pennsylvania, 1994)
Williams v. Workmen's Compensation Appeal Board
646 A.2d 633 (Commonwealth Court of Pennsylvania, 1994)
Dillon v. Workmen's Compensation Appeal Board
640 A.2d 386 (Supreme Court of Pennsylvania, 1994)
Association of Retarded Citizens v. Workmen's Compensation Appeal Board
640 A.2d 1387 (Commonwealth Court of Pennsylvania, 1994)
Brown v. Workmen's Compensation Appeal Board
638 A.2d 1037 (Commonwealth Court of Pennsylvania, 1993)
Lenzner Coach Lines v. Workmen's Compensation Appeal Board
632 A.2d 947 (Commonwealth Court of Pennsylvania, 1993)
Roman v. Workmen's Compensation Appeal Board
616 A.2d 128 (Commonwealth Court of Pennsylvania, 1992)
Roman v. WCAB (DEPT. OF ENV. RES.)
616 A.2d 128 (Commonwealth Court of Pennsylvania, 1992)
Beres v. Workmen's Compensation Appeal Board
593 A.2d 939 (Commonwealth Court of Pennsylvania, 1991)
York Terrace/Beverly Enterprises v. Workmen's Compensation Appeal Board
591 A.2d 762 (Commonwealth Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
520 A.2d 958, 103 Pa. Commw. 562, 1987 Pa. Commw. LEXIS 1919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/investors-diversified-services-travelers-insurance-v-workmens-pacommwct-1987.