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FILMER AND PAULINE SCHRECKENGOST AND INSURANCE COMPANY NORTH AMERICA v. COMMONWEALTH PENNSYLVANIA (06/28/79)

decided: June 28, 1979.

FILMER AND PAULINE SCHRECKENGOST AND INSURANCE COMPANY OF NORTH AMERICA, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND DONALD HUGHEY, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Donald Hughey v. Filmer and Pauline Schreckengost, No. A-74305.

COUNSEL

Ronald Ganassi, with him Will & Keisling, for petitioners.

Gerald C. Bish, for respondents.

Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 43 Pa. Commw. Page 588]

Filmer and Pauline Schreckengost and Insurance Company of North America have appealed from an order of the Workmen's Compensation Appeal Board which affirmed a referee's award of benefits to Donald Hughey. We affirm.

[ 43 Pa. Commw. Page 589]

Donald Hughey was employed by the Schreckengosts as a truck driver. On February 17, 1975, he was directed to drive from the employer's place of business in Stanton, Pennsylvania to Cleveland, Ohio in a truck owned by the Schreckengosts to pick up a load of salt and then return to Pennsylvania. Hughey arrived in Cleveland and proceeded to Wills Trucking Company, to whom the truck was to be leased after it was loaded with salt, to pick up a loading slip. When he got there he was told that the salt plant was closed for the day. Hughey nevertheless went to the salt plant and took a place in a line of other trucks waiting at the plant gate to be loaded in the morning.

Hughey and two of the other truck drivers left their trucks in line at the salt plant and took a taxi to a restaurant. They had dinner, went to a bar for a beer and returned to their trucks where they were planning to sleep. Later the same evening, Hughey and his companions went in a truck to get snacks. They became lost on the way back to the salt plant and stopped to look at a map. Hughey went to the rear of the truck to relieve himself. He was accosted by a man who demanded Hughey's wallet and then shot Hughey in the face. Hughey lost his left eye.

Section 301(c)(1) of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(1), reads in pertinent part:

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 wherever death is mentioned as a cause for compensation under this act, it shall mean only death resulting from such injury and its resultant effects. . . . The term 'injury arising in the course of his employment,' as used in this

[ 43 Pa. Commw. Page 590]

    article . . . shall include all . . . injuries sustained while the employe is actually engaged in the furtherance of the business or affairs of the employer, whether ...


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