Appeal from the Order of the Workmen's Compensation Appeal Board in case of Anne Shremshock v. Borough of Plum, No. A-68328.
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.
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
Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 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 ...