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ROBINSON v. Y.W.C.A. ET AL. (03/20/68)

decided: March 20, 1968.

ROBINSON, APPELLANT,
v.
Y.W.C.A. ET AL., APPELLANTS



Appeals from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1966, No. 2094, in case of Henry Robinson v. Y.W.C.A. et al.

COUNSEL

Edward I. Weisberg, with him Alan K. Silberstein and David N. Feldman, for claimant.

Frederick W. Anton, III, with him Paul H. Ferguson, for defendants.

Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., and Wright, J., absent). Opinion by Watkins, J. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissent.

Author: Watkins

[ 212 Pa. Super. Page 36]

These are cross appeals in a workmen's compensation case by Henry Robinson, the claimant-appellant, from the order of the Court of Common Pleas No. 4 of Philadelphia County that affirmed the decision of the Workmen's Compensation Board denying compensation benefits to him; and an appeal by the defendants, the

[ 212 Pa. Super. Page 37]

Y.W.C.A. and Pennsylvania Manufacturers' Assn. Insurance Company from the decision of the court below denying their motion to quash the appeal of the claimant from the Workmen's Compensation Board.

The claimant filed a petition seeking compensation for an accident that occurred on the sidewalk fronting the defendant's property while on his way to report for work. The fall caused a fracture of his right femur. The defense raised was that the injury did not occur in the course of his employment. The referee awarded benefits; the board reversed and found as a fact that the accident "did not occur on the premises owned or under the control of the defendant".

The claimant appealed to the Court of Common Pleas and filed the required exceptions within the statutory period. Judge Sloane of the court below remanded the case to the workmen's compensation authorities, holding:

"The record does not support substituted Finding of Fact No. 7 made by the Workmen's Compensation Board.

"The record is bare of any showing whether Y.W.C.A. owned, leased or controlled that portion of the paved area abutting the Y.W.C.A. Building on which claimant fell.

"This case is remanded to the Board to take further testimony and make appropriate Findings of Fact and Conclusions of Law on whether or not claimant was on the premises owned, leased or controlled by Y.W.C.A.".

The board referred the case to the referee in accordance with the order of the court with the following direction:

"The referee will therefore give both counsel the opportunity to present evidence as ordered by the Court and, upon completion thereof certify the record back to the ...


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