Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WORKMEN'S COMPENSATION APPEAL BOARD COMMONWEALTH PENNSYLVANIA AND ANNE SHREMSHOCK v. BOROUGH PLUM AND BITUMINOUS CASUALTY CORPORATION (06/25/75)

decided: June 25, 1975.

WORKMEN'S COMPENSATION APPEAL BOARD OF THE COMMONWEALTH OF PENNSYLVANIA AND ANNE SHREMSHOCK
v.
BOROUGH OF PLUM AND BITUMINOUS CASUALTY CORPORATION, APPELLANTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Anne Shremshock v. Borough of Plum, No. A-68328.

COUNSEL

George H. Thompson, with him Hirsch, Weise & Tillman, for appellants.

Frank W. Jones, with him Sanuel Y. Stroh and James N. Diefenderfer, for appellees.

Judges Crumlish, Jr., Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 20 Pa. Commw. Page 36]

The Borough of Plum, and its insurance carrier, Bituminous Casualty Corporation (Appellants here), appeal from an order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's decision awarding compensation to Anne Shremshock (Claimant), wife of the deceased, Michael Shremshock (Decedent), who had filed a fatal claim petition. We affirm.

The thrust of Appellant's petition here, as it was before the Board, is that at the time of Decedent's death he was not for the purposes of compensation, acting in the course of his employment. This presents for us two issues for our determination.

1. Is a Borough roadway the premises of an employer as that term is defined in the Pennsylvania Workmen's

[ 20 Pa. Commw. Page 37]

Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 1, et seq. (Act)?

2. Is an employee's death an injury arising in the course of his employment and related thereto when he is fatally shot by a fleeing bank robber on a roadway where Decedent stopped to eat lunch or to relieve himself?

And finally, Appellant raises the death or injury caused by third person issue, to wit:

3. Was the death of Decedent at the hands of a fleeing felon an injury caused by the act of a third person whose intent it was to kill Decedent for reasons personal to the robber, or was it directed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.