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MARCH BROWNBACK COMPANY v. FAVINGER (04/19/73)

decided: April 19, 1973.

MARCH BROWNBACK COMPANY, INC., ET AL.
v.
FAVINGER, ET AL.



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Joyce T. Favinger, Widow of Russell Favinger v. March Brownback Company, Inc., and Pennsylvania Manufacturers' Association Insurance Co., Insurance Carrier. No. A-64685.

COUNSEL

John F. McElvenny, for appellants.

David L. Allebach, Jr., with him Reynier & Crocker, for appellee.

President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 8 Pa. Commw. Page 596]

The sole issue before this Court on appeal is whether the decedent in this workmen's compensation case was temporarily beyond the territorial limits of the Commonwealth when he met his death as the result of an accident.

Decedent had been employed by March Brownback for approximately twenty-two years as a maintenance man. The employer had operated a foundry business in Pottstown, Pennsylvania. In anticipation of a move of the business operation from Pottstown to Plainfield, New Jersey, decedent was sent to Plainfield on July 10, 1968 to assist in setting up equipment for the new operation. In the pursuit of this assignment, he would drive to Plainfield on the Monday of each work week from his home in Pottstown and stay at night on the grounds there in a camper truck which he owned. He occasionally drove back to Pottstown on Wednesday night and always returned on weekends. While so involved in the setting up of equipment for the move of the business, he was injured in an explosion in the

[ 8 Pa. Commw. Page 597]

    course of employment on July 30, 1968 and subsequently died.

After hearings held upon a fatal claim petition filed by his widow, the referee awarded compensation benefits and reimbursement of certain bills. This action was affirmed by the Workmen's Compensation Appeal Board.

In this appeal, the employer contends that this was not a temporary assignment of work outside Pennsylvania but was the beginning of decedent's permanent employment in New Jersey. We disagree and hold that the evidence on the record supports the findings and conclusions of the Board.

Since the claimant, who had the burden of proof, prevailed below our review of the Board's decision is limited to a determination of whether there is substantial evidence to support the Board's findings giving to the claimant the benefit of the most favorable inferences deducible from the testimony. Nash v. Sandnes' Sons, Inc., 6 Pa. Commonwealth Ct. 403, 295 A.2d 615 (1972); Bambrick v. Asten Hill Mfg. Co., 5 Pa. Commonwealth Ct. 664, 291 A.2d 354 (1972). We also realize that the Workmen's Compensation Act must be liberally construed in favor of an injured employe. Sims v. American Can Co., 6 Pa. Commonwealth Ct. 423, 296 A.2d 290 (1972); Whitehead v. Casey Building Wreckers, 6 Pa. Commonwealth Ct. 256, 294 A.2d 215 (1972).

Section 101 Workmen's Compensation Act*fn1 extends compensation benefits for "accidents occurring to Pennsylvania employes whose duties require them to go temporarily beyond the territorial limits of the Commonwealth, not over ninety days, when such employes are performing ...


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