Mansfield Bros. Painting v. Workers' Compensation Appeal Board

72 A.3d 842, 2013 WL 3866099, 2013 Pa. Commw. LEXIS 287
CourtCommonwealth Court of Pennsylvania
DecidedJuly 26, 2013
StatusPublished
Cited by9 cases

This text of 72 A.3d 842 (Mansfield Bros. Painting v. Workers' 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
Mansfield Bros. Painting v. Workers' Compensation Appeal Board, 72 A.3d 842, 2013 WL 3866099, 2013 Pa. Commw. LEXIS 287 (Pa. Ct. App. 2013).

Opinion

OPINION BY

Judge LEAVITT.

Mansfield Brothers Painting and Selective Insurance Company of America (Employer) petition for review of an adjudication of the Workers’ Compensation Appeal Board (Board) granting the claim petition of John German (Claimant). The Board affirmed the decision of the Workers’ Compensation Judge (WCJ) that Claimant was injured on Employer’s premises when he fell while walking to the train station after work. Concluding that Claimant was not injured in the course of his employment, we reverse.

Claimant is a painter who receives work assignments from his union when work is available. In May 2009, Claimant was as[844]*844signed to work full-time for Employer painting dormitory rooms at the University of Pennsylvania (University). On June 24, 2009, Claimant fell while walking to the train station after work, injuring his left shoulder, neck, and back. Claimant sought medical treatment and was able to continue working in a light-duty capacity with no loss of wages. Employer laid Claimant off when the job was completed on July 27, 2009. Claimant underwent left shoulder surgery in August 2009.

In January 2010, Claimant filed a claim petition seeking total disability benefits and payment of his medical bills. Employer filed a timely answer denying that Claimant’s injury or disability was work-related. The petition was assigned to a WCJ who held a hearing. Both parties appeared and presented evidence.

Claimant testified in support of his claim and presented a written statement from his union shop steward, Joe Mallon, who was with Claimant when he fell. Employer presented the testimony of Thomas J. Mansfield, Claimant’s foreman, who was working with Claimant and Mallon on the day Claimant was injured. Based on the testimony of all three witnesses, the following undisputed facts emerged about Employer’s work site and the circumstances of where and how Claimant fell.

Every summer since 1976, Employer has spackled and painted the dormitory rooms of the Quadrangle Building on the University’s campus. The Quadrangle Building is located on Spruce Street in Philadelphia and stretches from 36th Street to 38th Street. The Quadrangle Building’s only entrance is located at Spruce and 37th Streets.

In the summer of 2009, Claimant was assigned to paint the Quadrangle Building full-time, usually from 7:00 a.m. to 3:30 p.m. Claimant and Mallon commuted to work by train. On June 24, 2009, work ended early, and Claimant, Mallon, and Mansfield left the Quadrangle Building at 3:10 p.m. Claimant and Mallon began walking to the train station at 34th and Market Streets. They crossed Spruce Street, a public street, and continued on a slate path going behind the Wistar Building, located on the University’s campus. Claimant tripped on an uneven part of the slate path and fell onto his back. The incident occurred approximately 150 feet from the Quadrangle Building.

Based on the above facts, the WCJ concluded, without explanation, that Claimant was in the course of his employment when he fell. The WCJ awarded Claimant total disability benefits as of July 9, 2009, and ongoing. On appeal, the Board modified the award to begin on July 27, 2009, because Claimant had continued working after his injury until his job ended on that date; in all other respects the Board affirmed the WCJ’s decision. The Board concluded that Claimant was injured in the course and scope of his employment because he was on Employer’s premises when he fell. Specifically, the Board reasoned

that Claimant was injured while on premises where [Employer’s] business affairs were being carried on (i.e.) the [University] campus and that a condition of the premises (i.e.) the uneven slate pathway, contributed to Claimant’s work injury.

Board Adjudication at 5. Employer now petitions this Court for review.1

[845]*845On appeal, Employer argues that the Board erred in concluding that Claimant was injured within the course and scope of his employment. Specifically, Employer contends that Claimant was not on Employer’s premises when the injury occurred. Claimant' counters that he was on Employer’s premises at the time of his injury, or, in the alternative, even if his injury did not occur on Employer’s premises, he is entitled to benefits because he was a travelling employee furthering Employer’s business.

It is well-settled that in a claim petition proceeding, the claimant bears the burden of establishing all the necessary elements to support an award. Inglis House v. Workmen’s Compensation Appeal Board (Reedy), 535 Pa. 135, 141, 634 A.2d 592, 595 (1993). Under Section 301(c)(1) of the Workers’ Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(1), an injury is compensable only if it is sustained in the course of employment and is causally related thereto.2 Whether an employee is injured in the course of employment is a question of law to be determined on the basis of the WCJ’s findings of fact. Markle v. Workers’ Compensation Appeal Board (Bucknell University), 785 A.2d 151, 153 (Pa.Cmwlth.2001).

An injury takes place in the course of employment if it occurs in either one of two distinct situations. First, an injury is compensable if it occurs while the claimant is furthering the business or affairs of his employer, whether the injury occurs on or off the employer’s premises. U.S. Airways v. Workers’ Compensation Appeal Board (Dixon), 764 A.2d 635, 640 (Pa.Cmwlth.2000). Second, even if the claimant is not furthering the employer’s business at the time of his injury, he is entitled to benefits if he is injured “on the employer’s ‘premises’ at a reasonable time before or after the work period.” Newhouse v. Workmen’s Compensation Appeal Board (Harris Cleaning Service, Inc.), 109 Pa.Cmwlth. 96, 530 A.2d 545, 547 (1987). In this situation, the claimant must prove all of the following:

[the employee] (a) is on the premises occupied or under the control of the employer, or upon which the employer’s business or affairs are being carried on; (b) is required by the nature of his employment to be present on his employer’s premises; and (c) sustains injuries caused by the condition of the premises or by operation of the employer’s business or affairs thereon.

Workmen’s Compensation Appeal Board (Slaugenhaupt) v. United States Steel Corp., 31 Pa.Cmwlth. 329, 376 A.2d 271, 273 (1977).

Pennsylvania courts have held that an employer’s “premises” is not necessarily limited to buildings or property controlled, occupied, or owned by the employer. Waronsky v. Workers’ Compensation Appeal Board (Mellon Bank), 958 A.2d 1118, 1125 (Pa.Cmwlth.2008). Rather, “premises” can encompass property that “could be considered an integral part of the employer’s business.” Ortt v.

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Bluebook (online)
72 A.3d 842, 2013 WL 3866099, 2013 Pa. Commw. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mansfield-bros-painting-v-workers-compensation-appeal-board-pacommwct-2013.