Stanner v. Workmen's Compensation Appeal Board

604 A.2d 1167, 146 Pa. Commw. 92, 1992 Pa. Commw. LEXIS 164
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 28, 1992
DocketNo. 1968 C.D. 1990
StatusPublished
Cited by2 cases

This text of 604 A.2d 1167 (Stanner 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
Stanner v. Workmen's Compensation Appeal Board, 604 A.2d 1167, 146 Pa. Commw. 92, 1992 Pa. Commw. LEXIS 164 (Pa. Ct. App. 1992).

Opinions

BARRY, Senior Judge.

Claimant, Mollie Stanner, surviving widow of Anthony Stanner, deceased, petitions for review of the order of the Workmen’s Compensation Appeal Board (the Board) which affirmed a referee’s decision dismissing Claimant’s fatal claim petition filed under The Pennsylvania Workmen’s [95]*95Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1-1031. The issues raised on appeal are whether Claimant’s decedent sustained “injury arising in the course of his employment” under Section 301(c)(1) of the Act, 77 P.S. § 411(1), where his death was caused by sudden death syndrome which occurred after working out at a fitness center operated by Westinghouse Electric Co. (Employer) and located on its premises; and whether the referee’s findings of Claimant’s failure to establish a causal connection between the injury and the employment are supported by substantial evidence.

On April 8, 1987, Claimant filed a fatal claim petition alleging that her husband, Anthony Stanner (Stanner), died on January 19, 1987 as a result of a work-related myocardial infarction. Stanner, employed as a manager in the International Telecommunication Systems Division, died shortly after his routine workout at Employer’s fitness center before his regularly scheduled work hours. Stanner exercised two or three times per week for nine months prior to his death.

The referee made the following relevant findings of fact: 6. In support of her petition the claimant introduced the deposition testimony of Larry E. Hurwitz, M.D. Dr. Hurwitz is board certified in general internal medicine and cardiology. At the request of claimant’s counsel he reviewed the autopsy report on Anthony Stanner, a cardiovascular health evaluation report signed by John R. Cobb and dated February 3, 1986 which was addressed to Tony Stanner at the Tele-Computer Center, and some letters addressed to Mr. Stanner from the health center, as well as copies of Mr. Stanner’s Westinghouse TeleComputer Health Center workout charts. After reviewing the previously stated material and copies of Mr. Stanner’s cholesterol reports dated November 1985 and May 1986, a sugar report dated May 1986, an exercise treadmill test report including electrocardiograms and a health questionnaire completed by Mr. Stanner on September 9, 1985, Dr. Hurwitz concluded that Anthony [96]*96Stanner died as a result of sudden death syndrome. He stated that sudden death syndrome was the result of sudden, fatal heart rhythm disturbance. He observed that the decedent had suffered two myocardial infarctions, one old and one recent, but these were not the cause of death. Dr. Hurwitz testified that the decedent's high level of physical exercise in the short time frame just prior to his death was the immediate and precipitating cause of death. However, Dr. Hurwitz also testified that the decedent was suffering from severe coronary artery disease and was a walking time bomb. He stated Mr. Stanner was at high risk for a coronary infarction because of his family history and his high levels of cholesterol and low records of HDL cholesterol. He noted that given the severe diseased condition of Mr. Stanner’s coronary arteries that an episode of sudden death could have occurred at any time.
7. The defendant/employer introduced the deposition testimony of John R. Cobb, the director of the, Westinghouse Tele-Computer Health Center at the time of Mr. Stanner’s death. Mr. Cobb testified to the following:
a) The health and fitness center was established in May 1984 for the exclusive use of Westinghouse employees and was staffed by Westinghouse exercise physiologists from 6:00 a.m. to 6:30 p.m.
b) Westinghouse had no mandatory policy requiring employee participation in the health and fitness program. Employee participation is totally voluntary and the records of the employees participating in the fitness center are kept at the fitness center and are not part of the employees’ personnel files.
c) Westinghouse has a policy of flexible work hours. Any time spent by an employee in the fitness center during working hours would have to be made up during the same day.
d) Mr. Stanner exercised at the fitness center for approximately one year prior to his death. He used the same exercise program he used on the morning of his death [97]*97on the average of two to three times per week in the nine months preceding his death. This exercise program had been developed specifically for Mr. Stanner by the staff of the Westinghouse fitness center.
8. The Referee finds the testimony of Dr. Hurwitz to be credible. His testimony clearly and convincingly established Mr. Stanner’s cause of death as sudden death syndrome. However, nothing in his testimony established a causal connection between Mr. Stanner’s death and his responsibilities or activities as a manager for Westinghouse.
9. The Referee finds the testimony of Mr. Cobb to be credible. His testimony clearly and convincingly established that Mr. Stanner’s participation in the Westinghouse employee fitness center exercise program was voluntary.
10. The Referee finds that the claimant’s decedent, Anthony Stanner, died on January 19, 1987 as a result of sudden death syndrome and his death was not related to his employment.

Based upon these findings of fact, the referee concluded that Claimant failed to establish a work-related injury resulting in Stanner’s death and consequently dismissed the fatal claim petition. On appeal, the Board affirmed the referee’s decision.1

Before this Court, Claimant contends that the referee’s finding that Stanner’s death was unrelated to his employment is not supported by substantial evidence. More specifically, Claimant argues that she is entitled to benefits under Section 301(c)(1) of the Act2 because Stanner sustained the [98]*98injury which caused his death while he was actually engaged in activities in furtherance of Employer’s business or affairs. Employer contends on the other hand that even if Stanner was engaged in furtherance of Employer’s business or affairs, Claimant must additionally establish a causal connection between Stanner’s injury and employment. It is well settled that heart-related injuries are compensable under the Act if they (1) arise in the course of employment and (2) are causally related thereto. Brody v. Workmen’s Compensation Appeal Board (Pennsylvania Public Utility Commission), 138 Pa.Commonwealth Ct. 456, 588 A.2d 575 (1991); Ryan v. Workmen’s Compensation Appeal Board (Automatic Timing & Controls Co.), 82 Pa.Commonwealth Ct. 643, 477 A.2d 16 (1984).

Claimant’s contention that Stanner was actually engaged in activities in furtherance of Employer’s business or affairs and therefore in the course of his employment at the time of injury is supported by the record and applicable case law.

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604 A.2d 1167, 146 Pa. Commw. 92, 1992 Pa. Commw. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanner-v-workmens-compensation-appeal-board-pacommwct-1992.