Murphy v. Township of Abington

490 A.2d 483, 88 Pa. Commw. 491, 1985 Pa. Commw. LEXIS 905
CourtCommonwealth Court of Pennsylvania
DecidedApril 2, 1985
DocketAppeal, No. 2459 C.D. 1983
StatusPublished
Cited by10 cases

This text of 490 A.2d 483 (Murphy v. Township of Abington) 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
Murphy v. Township of Abington, 490 A.2d 483, 88 Pa. Commw. 491, 1985 Pa. Commw. LEXIS 905 (Pa. Ct. App. 1985).

Opinion

Opinion by

Judge Doyle,

This is an appeal by Mary C. Murphy (Plaintiff) from an order of the Court of 'Common Pleas of Montgomery County sustaining a preliminary objection in the nature of demurrer, filed by the Township of Abington and Albert Herrman, the Township Man[493]*493ager, (Township) which dismissed Plaintiff’s complaint in mandamus. Plaintiff is the widow of James J. Murphy, Sr., who died on May 30, 1980. Mr. Murphy, at the time of his death, was a volunteer member of the Weldon Fire Company for the Township of Abington. On May 30, 1980 Mr. Murphy was directing traffic at the scene of a fire when he collapsed in the street. First aid was administered to Mr. Murphy at the scene and he was taken to Abington Memorial Hospital where he died later that evening.

Subsequent to her husband’s death, Plaintiff, pursuant to Section 1 of the Act of June 26, 1976, P.L. 424, as amended, 53 P.S. §891 (Act 101), determined to apply to the Department of General Services, (DGS) Bureau of Risk and Insurance Management (Bureau) for the $25,000 in death benefits provided for surviving spouses of firefighters killed in the performance of their duties. Section 1 of Act 101 provides in pertinent part:

In the event a ... firefighter is killed in the performance of his duties, such political subdivision within 30 days from the date of death shall submit certification of such death to the Commonwealth. (Emphasis added.)

As part of the application procedures Plaintiff submitted to the Township a Report of Death form and requested that the Township process the form. This form appears in the regulations promulgated by DGS. See 4 Pa. Code §89.11.

The Report of Death form states that it is to be completed by the political subdivision or Commonwealth agency. In addition to spaces for general information such as the decedent’s name, address, social security number, date of injury, date of death, and the name of the decedent’s superior officer, the form contains the following question, “At the time of injury [494]*494which resulted in death, was officer in the performance of duties?” Below this question are two blocks reading “yes ’ ’ and “no ’ ’, one of which is to be checked off by the political subdivision or ¡Commonwealth agency. It is therefore clear that the regulation requires the Township to make an initial determination as to whether the decedent died in the performance of duties or whether he or she died otherwise. The refusal of the Township to complete this form is the subject of the present appeal and presents an issue of first impression for this Court to decide.

The Township has refused to complete the form because it maintains that Mr. Murphy was not killed in the performance of his duties. It is the Township’s contention that by completing the form it is certifying not only that Mr. Murphy died (a fact not in dispute) but, in addition, it is also certifying that he died while in the performance of his duties. The Township takes the position that by completing the form it certifies that death occurred in the performance of duties and that this position is contrary to the Township’s position in Mr. Murphy’s workmen’s compensation claim. No law has been cited, however, to indicate that certification of this form would estop the Township from defending a workmen’s compensation claim.

Plaintiff argues that because of the question on the form relating to whether the decedent was performing duties at the time of death, the Township, by completing the form, certifies only that the decedent died, not that he died while performing his duties. Plaintiff thus reasons that completion of the form is a ministerial duty and that mandamus is a proper remedy where the Township has refused to complete the certification. Proceeding under this theory Plaintiff, after the Township notified her of its refusal to complete the form, filed a complaint in mandamus. The [495]*495Township filed preliminary objections in the nature of a demurrer and a motion to strike. While the preliminary objections were pending, on June 15, 1983, Plaintiff petitioned for an entry of peremptory judgment in mandamus. Prior to a hearing on the June 15, 1983 petition, the preliminary objections came before the trial court which, by order dated August 15, 1983, sustained the preliminary objection in the nature of demurrer and dismissed the complaint. This appeal ensued.

Our determination of whether Plaintiff’s petition for mandamus was properly dismissed depends upon the construction of Section 1 of Act 101. The issue to be determined is whether Section 1 requires the Township to certify only the fact of death, or the fact of death and that death occurred during the performance of duties. The Township maintains that the word “such” appearing in the phrase “such death” can refer only .to death in the performance of duties, rather than to the unmodified noun “death”. According to Webster’s Third New International Dictionary, 2283 (1966), the adjective “such” modifies “death” as “having a quality already or just specified” or as being “of the sort. . . previously indicated.” While we cannot dispute the existence of the dictionary definition of “such”, we do not ascribe to the legislature such a meticulous attention to dictionary definitions in every law that it passes. If the word “such”, modifies the noun it precedes by importing to that noun qualities previously indicated, then we are in a quandary to explain the word “such” in the phrase “such political subdivision”, which phrase appears in the very same sentence of the statute in question. The words “political subdivision”, or a synonym for them, do not appear previously in the sentence. Therefore, it is our view that the legislature has used “such” in [496]*496the phrase “,such death” as a synonym for the word “the” or “hie” or “her”, as in “the death”, “his death”, or “her death”. Certainly we cannot say that the word “such” which appears twice in the same sentence means “such” as defined by Webster’s Dictionary in one instance, but not in the other. Because the word “such” has generated an ambiguity, we resort to principles of statutory construction to aid in interpreting the law.

We are guided by Section 1921(c) of the Statutory Construction Act of 1972, 1 Pa. C. S. §1921 (c), which sets forth matters which may be considered in ascertaining the intent of the legislature, including the following :

(1) The occasion and necessity for the statute.
(6) The consequences of a particular interpretation.
(8) Legislative and administrative interpretations of such statute.

Using these criteria as a guideline, we shall examine the two possible interpretations presented by the parties.

This Court has already recognized that Act 101 is “social legislation” and must, therefore, “be construed liberally in order to effectuate its beneficent purposes.” Seybold v. Department of General Services, 75 Pa. Commonwealth Ct. 118, 122, 461 A.2d 353, 355 (1983).

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Bluebook (online)
490 A.2d 483, 88 Pa. Commw. 491, 1985 Pa. Commw. LEXIS 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-township-of-abington-pacommwct-1985.