Spangler Fire Co. v. Workmen's Compensation Appeal Board

601 A.2d 931, 144 Pa. Commw. 487, 1992 Pa. Commw. LEXIS 12, 1992 WL 588
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 6, 1992
DocketNo. 1496 C.D. 1991
StatusPublished
Cited by1 cases

This text of 601 A.2d 931 (Spangler Fire Co. 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
Spangler Fire Co. v. Workmen's Compensation Appeal Board, 601 A.2d 931, 144 Pa. Commw. 487, 1992 Pa. Commw. LEXIS 12, 1992 WL 588 (Pa. Ct. App. 1992).

Opinion

NARICK, Senior Judge.

Before this Court is the petition for review of Spangler Fire Company (Fire Company) from the June 26,1991 order of the Workmen’s Compensation Appeal Board (Board) which modified the referee’s decision with regard to compensation but affirmed his decision in all other respects. The Board’s decision is affirmed.

Jack Greer (Decedent) was employed by Miner’s Hospital (Hospital) in Spangler, Pennsylvania as a supervisor in the radiology department of the Hospital. The Decedent was also a volunteer fireman for the Spangler Fire Company. On the evening of March 21, 1985 while in the course of his employment with the Hospital, the Decedent received a report of smoke coming from the back of Hospital property. The Decedent left his office and returned a few minutes later with instructions to call the Fire Company. At this time, he appeared rushed, excited and was breathing heavily. The fire was located on a vacant lot uphill and behind the Hospital. In order to get to the fire, the Decedent was required to go up three flights of stairs during each of the two trips to the scene of the fire. Decedent did not in any [489]*489way participate in fighting the fire nor did he wear any fire fighting clothing or equipment. After the fire was out, Fire Chief Francis Gomolka handed the portable radio to Decedent who stood in front of the fire truck while the fire chief went to investigate the cause of the fire. The chief instructed Decedent to take charge of the portable radio, answer any calls and notify the chief if anyone wished to speak to him. After taking charge of the radio, the Decedent collapsed and was pronounced dead of a heart attack shortly thereafter.

Anna M. Greer (Claimant), widow of the Decedent, filed two fatal claim petitions on August 21, 1986 pursuant to Section 301(c)(1) of The Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(1). One petition named the Fire Company as defendant and the other petition named the Hospital as defendant. The Hospital subsequently filed a petition joining the Fire Company as a necessary defendant. The referee joined the defendants and after hearing found that Claimant had shown that Decedent had an injury within the meaning of Section 301(c)(1) of the Act which caused his death. The referee further found that Decedent’s fatal injury occurred while he was in the course of his employment as a volunteer fireman for the Fire Company, that the Fire Company is obligated to pay Claimant’s compensation as provided by Section 307 of the Act, as amended, 77 P.S. § 561, and that the Hospital should be dismissed from this matter. The Fire Company appealed to the Board which modified the compensation rate paid to Claimant but affirmed the referee’s decision in all other respects. The issue before this Court is whether the evidence of record supports the referee’s determination that Decedent was acting within the scope of his employment as a volunteer fireman and not within the scope of his employment as a hospital administrator at the time of his injury.1

[490]*490The Fire Company argues that the Decedent was not acting within the scope of his employment as a volunteer fireman at the time of his injury. Specifically, the Fire Company asserts that because the referee found that the Decedent’s stressful activity occurred on the first trip to the fire scene when the Decedent was acting as a hospital employee, it was error for the referee to award benefits against the Fire Company merely because the injury manifested itself at a time just minutes later when the Decedent was acting as a volunteer fireman. Section 301(c)(1) of the Act, as amended, 77 P.S. § 411(1) has been interpreted to mean an injury arising in the course of employment and related thereto. See e.g., Westinghouse Electric v. Workmen’s Compensation Appeal Board, 489 Pa. 485, 414 A.2d 625 (1980). That interpretation has resulted in heart attack cases being resolved by a close examination of whether or not work activity provoked the cardiac event regardless of when and where the event first manifests itself. New Enterprise Stone and Lime v. Workmen’s Compensation Appeal Board (Baird), 124 Pa.Commonwealth Ct. 257, 555 A.2d 974 (1989).

The Fire Company asserts that the referee erred in equating the time of injury with the time of the manifestation of the injury. Specifically, the Fire Company asserts that the referee erred in finding that the Decedent stepped out of his role as a hospital employee and into his role as a fireman just before he died and that because he was acting as a fireman when the heart attack caused his death, then the injury arose out of his employment as a fireman. The Fire Company argues that the referee should have come to the conclusion that the thrombus, which caused Decedent’s heart attack, formed while the Decedent was a rushed and worried hospital employee and that this resulted in his death later on at the fire scene.

The referee is the ultimate finder of fact and has sole authority to decide what facts to accept and to decide [491]*491questions as to credibility of witnesses. Universal Cyclops Steel Co. v. Krawczynski, 9 Pa.Commonwealth Ct. 176, 305 A.2d 757 (1973). The referee has this authority in cases involving heart attacks as well. Krawchuk v. Philadelphia Electric Co., 497 Pa. 115, 439 A.2d 627 (1981). In order for a heart attack to be compensable under the Act, a claimant must establish that the injury arose in the course of employment and that it was related to such employment. Yantos v. Workmen’s Compensation Appeal Board (Vulcan Mold & Iron Co., Division of Vulcan, Inc.), 128 Pa.Commonwealth Ct. 231, 563 A.2d 232 (1989).

In the matter sub judice, on the evening of his death, Decedent was working in his capacity as a hospital employee. Finding of Fact No. 11. He was informed of a fire at another location on the hospital grounds and went to investigate. He subsequently returned to the hospital and gave instructions to call the Fire Company. Thereafter, he returned to the fire scene. Findings of Fact Nos. 11-12, 16. The Decedent, after arriving at the fire scene the second time, spoke with other firemen and was holding a fire company radio when he died. Findings of Fact Nos. 16-17. In hearing this matter, the referee found the testimony of Claimant’s physician, Dr. Thomas Cardellino, to be credible. Dr. Cardellino testified that Decedent died as a result of the physical and mental stress put upon him by the fire and that the physical activity of running back and forth between the hospital and the fire was the precipitating factor in Decedent’s death. Deposition of Dr. Cardellino, pp. 7-9. Dr. Cardellino also testified that his opinions would change if the Decedent had walked slowly and quietly up and down the stairs to the fire. Cardellino Deposition, p. 26.

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

Related

Craftsmen v. Workers' Compensation Appeal Board
809 A.2d 434 (Commonwealth Court of Pennsylvania, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
601 A.2d 931, 144 Pa. Commw. 487, 1992 Pa. Commw. LEXIS 12, 1992 WL 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spangler-fire-co-v-workmens-compensation-appeal-board-pacommwct-1992.