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CITY MONESSEN AND BITUMINOUS INSURANCE COMPANIES v. COMMONWEALTH PENNSYLVANIA (06/22/78)

decided: June 22, 1978.

CITY OF MONESSEN AND BITUMINOUS INSURANCE COMPANIES, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD, DIANNE GALANOUDIS, WIDOW OF SPIRO GALANOUDIS, POLICE PENSION FUND OF THE CITY OF MONESSEN AND SCHOOL DISTRICT OF THE CITY OF MONESSEN, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Dianne Galanoudis, widow of Spiro Galanoudis v. City of Monessen, Police Pension Fund of the City of Monessen and School District of the City of Monessen, No. A-72104.

COUNSEL

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

Charles Skomski and Thomas Anton, with them James N. Diefenderfer, for respondents.

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

Author: Mencer

[ 36 Pa. Commw. Page 227]

The City of Monessen and its insurance carrier have appealed from a decision of the Workmen's Compensation Appeal Board that Spiro Galanoudis was an employee of the City at the time of his death and that the City was therefore obligated to pay workmen's compensation benefits to his widow. We affirm.

On October 19, 1973, Spiro Galanoudis, a regular policeman in the general employ of the City of Monessen, was killed when struck by a car while directing traffic following a football game sponsored by the School District of the City of Monessen (School District). Galanoudis was one of 12 policemen assigned to the stadium by the Monessen Patrolmen's Fund at the request of the School District.

The Monessen Patrolmen's Fund (Fund) is a voluntary association of policemen to which approximately

[ 36 Pa. Commw. Page 228]

    half of the City's 21-man force belongs. The purpose of the Fund is to provide, at the request of private parties, the services of off-duty policemen at events where large crowds are anticipated, such as funerals, weddings, and athletic events. The party sponsoring the event is charged a specified sum for each patrolman requested, the total amount being paid to the Fund. At the end of each year, the money collected in this fashion is distributed equally to the members of the Fund. The members annually elect cochairmen who manage the administrative details and serve as officers in charge at the events to which men are assigned by the Fund.

Although the Fund has no official authorization to provide police services, the mayor of Monessen, the chief of police, and the police captain are aware of the arrangement. The policemen who participate in the Fund's activities are at all times dressed in full uniform, including a weapon and a City of Monessen badge. Police equipment, such as walkie-talkies and police cars, is routinely used. Duty rosters for Fund assignments are posted in the police station. A citizen wishing to request police services telephones the police station and is put in contact with one of the cochairmen of the Fund.

For approximately 20 years prior to the unfortunate accident in question, it had been the custom of the Fund to provide 10 or 12 men to serve at football games sponsored by the School District. Since the inception of this arrangement, many of the details of this assignment, such as the placement of men in the stadium, had become standardized. Prior to the start of each football season, the athletic director meets with the cochairmen of the Fund to discuss problems and ...


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