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ROBINSON v. Y.W.C.A. (01/15/69)

decided: January 15, 1969.

ROBINSON, APPELLANT,
v.
Y.W.C.A.



Appeal from order of Superior Court, Oct. T., 1967, No. 813, affirming 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 appellant.

Frederick W. Anton, III, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Jones.

Author: Jones

[ 433 Pa. Page 213]

This appeal presents a very narrow issue: the validity of an order of the Superior Court quashing an appeal by a claimant in a workmen's compensation case.

This is a workmen's compensation case in which Henry Robinson (claimant), an employee of the Y.W.C.A. (employer), located on Allegheny Avenue, Philadelphia, alleged that, while on his way to report to work, he fell on an icy sidewalk in front of the Y.W.C.A. and was injured. The employer filed an answer to Robinson's petition denying that Robinson was in the course of his employment at the time he was injured. After a hearing before the referee, the referee entered an award for claimant finding that claimant had fallen on the "premises" of his employer. The Workmen's Compensation Board (the Board) reversed the referee and found that the accident "did not occur on the premises owned or under the control of the [Y.W.C.A.]."

Claimant then appealed to the Court of Common Pleas No. 5 of Philadelphia County and filed the required exceptions to the Board's order within the statutory period. Judge Joseph Sloane of that Court remanded the matter to the Workmen's Compensation

[ 433 Pa. Page 214]

    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 employer then took an appeal to the Superior Court from Judge Sloane's remand order but this appeal was quashed.*fn1 At the time of this appeal Judge Sloane wrote an additional opinion (under Rule 46 of the Superior Court) in which, elaborating on his order to remand, he stated, inter alia: "We did not affirm an award; we did not deny an award; we did not modify an award; we made no definitive order; we did not conclude the litigation."

Pursuant to Judge Sloane's order, the Board set aside its Finding of Fact No. 7 and remanded the case to the referee to take further testimony. After further hearing, the referee again made an award to claimant finding that the accident occurred on the premises of the employer. The Board again reversed the referee, finding that the accident did not occur on the employer's premises.

Claimant appealed from the Board's order to the Court of Common Pleas of Philadelphia County but, inadvertently, the case was docketed under a different term and case number from that under which claimant's first appeal had been docketed. Claimant did not file exceptions to the Board's ...


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