Appeal from the Order of the Workmen's Compensation Appeal Board in case of Isabella Greene, widow of Munroe Greene v. Marger, Inc.
Patrick A. Gleason, with him Gleason, DiFrancesco, Shahade and Markovitz, for appellant.
Harry B. Thatcher, for appellees.
Judges Crumlish, Jr., Kramer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.
[ 12 Pa. Commw. Page 423]
The issue in this Workmen's Compensation Appeal is whether or not the decedent was "actually engaged
[ 12 Pa. Commw. Page 424]
in the furtherance of the business or affairs of the employer"*fn1 at the time of his fatal car accident on May 23, 1968. After a hearing on March 26, 1970, at which the only testimony was that of Isabella Greene (claimant), widow of the deceased Munroe Greene, the referee awarded compensation based on the following so-called findings of fact:
"First: On May 23, 1968 Munroe E. Greene was employed by the defendant at an average weekly wage sufficient to entitle his dependent-widow to the maximum rate of compensation.
"Second: On May 23, 1968 neither Munroe E. Greene nor the defendant had rejected the Workmen's Compensation Act.
"Third: On May 23, 1968 while in the course of his employment, the claimant was involved in an automobile accident which resulted in his death on May 24, 1968.
"Fourth: The claimant left to survive him his widow, Isabella Greene, with whom he was living and who was dependent upon him for ...