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NORTH AMERICAN ROCKWELL CORPORATION AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD AND MABEL A. EPLER (10/27/75)

decided: October 27, 1975.

NORTH AMERICAN ROCKWELL CORPORATION AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, INSURANCE CARRIER, APPELLANTS,
v.
WORKMEN'S COMPENSATION APPEAL BOARD AND MABEL A. EPLER, WIDOW OF FRANKLIN M. EPLER, DECEASED, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Mabel A. Epler, Widow of Franklin M. Epler, Deceased v. North American Rockwell Corp., No. A-67143.

COUNSEL

D. Frederick Muth, with him Rhoda, Stoudt & Bradley, for appellant.

Norman H. Abrahamson, with him Meyer, Lasch, Hankin & Poul, and James N. Diefenderfer, for appellees.

Judges Crumlish, Jr., Rogers and Blatt, sitting as a panel of three. President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt. Dissenting Opinion by Judge Crumlish, Jr.

Author: Blatt

[ 21 Pa. Commw. Page 438]

This is an appeal taken by North American Rockwell Corporation (employer) from a decision of the Workmen's Compensation Appeal Board (Board) which affirmed

[ 21 Pa. Commw. Page 439]

    a referee's award of benefits to Mabel A. Epler (claimant), the widow of Franklin M. Epler (decedent).

The decedent worked for the employer as a laborer at its plant in Wyomissing, Pennsylvania. At 12:18 A.M. on May 20, 1972 at the completion of his work shift, the decedent punched his time card, left the plant and proceeded to cross Park Road, a public street on which the plant was located. He was apparently then heading toward his automobile which he had parked in a parking lot maintained by the employer for its employees. While crossing the street, however, he was struck and injured by one or two automobiles. He died shortly thereafter.

The claimant filed a claim petition on September 22, 1972 and she was awarded benefits after a hearing before a referee. The employer appealed to the Board without success and has now filed the present appeal with this Court, arguing that the decedent's injuries did not arise in the course of his employment. We agree.

The only question involved here is whether or not the decedent's death resulted from an "injury arising in the course of employment" within the meaning of subsection 301(c)(1) of the Workmen's Compensation Act,*fn1 77 P.S. ยง 411(1). That subsection, as presently enacted and as applicable here,*fn2 provides:

"The terms 'injury' and 'personal injury,' as used in this act, shall be construed to mean an injury to an employe, regardless of his previous physical condition, arising in the course of his employment and related thereto, and such disease or infection as naturally results from the injury or is aggravated, reactivated or accelerated by the injury; and wherever death is ...


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