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HENRY v. LIT BROTHER (11/16/60)

November 16, 1960

HENRY
v.
LIT BROTHER, INC., APPELLANT.



Appeal, No. 213, Oct. T., 1960, from judgment of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1959, No. 1572, in case of Robert William Henry v. Lit Brothers, Division of City Stores, Inc. et al. Judgment affirmed.

COUNSEL

Raymond J. Porreca, for appellants.

Morton B. Wapner, with him Winokur & Kahn, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Wright

[ 193 Pa. Super. Page 545]

OPINION BY WRIGHT, J.

This is a workmen's compensation case. The Referee found that claimant was totally disabled as the result of an injury by accident while in the course of his employment, and made an award. The Workmen's Compensation Board and the Court of Common Pleas affirmed. The employer and its insurance carrier have appealed. The factual situation appears in the following excerpt from the well-considered opinion of Judge ALEXANDER of the court below:

"Claimant was employed by defendant, Lit Brothers, a retail department store at Eighth and Market Streets, Philadelphia ... as a porter or cleaner in the housekeeping department of the store. His working day was between 6 a.m. and 3 p.m. ...His lunch hour was between 12 noon and 1 p.m. He was required to 'sign in' when he reported to work in the morning. At noon, he would 'sign out' for lunch with the housekeeping department and then 'sign in' with that department following the lunch hour.

"Employer operated an employees' cafeteria on the premises. Each morning, between 9 and 9:30 a.m., defendant announced the luncheon menu of the cafeteria over the store's public address system, including an announcement of the 'special' or featured lunch ... The employees were encouraged by employer's advertising to use the facilities of the employees' cafeteria.

"A recreation room adjoined the cafeteria. This was furnished by employer with seating facilities, a television set and indoor games. The employees were free to use the recreation room as well as the cafeteria during lunch periods and were permitted to leave the building during lunch hour ...

"The employees' cafeteria is on the second floor of a service building which is located to the rear of employer's main department store building. The service

[ 193 Pa. Super. Page 546]

    building is connected to the main building by a bridge which spans Filbert Street. Filbert Street runs between the two buildings and lies to the ...


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