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BETHLEHEM STEEL CORPORATION v. COMMONWEALTH PENNSYLVANIA (02/26/82)

decided: February 26, 1982.

BETHLEHEM STEEL CORPORATION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND MARCELINO GARCIA, FATHER OF JOSEPH R. GARCIA, DECEASED, RESPONDENTS. MARCELINO GARCIA, FATHER OF JOSEPH R. GARCIA, DECEASED, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND BETHLEHEM STEEL CORPORATION, RESPONDENTS



Appeals from the Order of the Workmen's Compensation Appeal Board in the case of Pura Garcia Pichel, Administratrix of the Estate of Marcelino Garcia, father of Joseph R. Garcia, deceased v. Bethlehem Steel Corporation, No. A-74282.

COUNSEL

Michael P. Shay, Sigmon & Ross, P.C., for petitioner, Bethlehem Steel Corporation.

Richard J. Orloski, Stamberg, Caplan & Calnan, for respondent and cross-petitioner, Marcelino R. Garcia.

President Judge Crumlish, Jr. and Judges Craig, and MacPhail, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 65 Pa. Commw. Page 60]

The estate of claimant Marcelino A. Garcia and Bethlehem Steel Corporation (employer) cross-petition for review of an order by the Workmen's Compensation Appeal Board setting aside a referee's decision which had dismissed claimant's fatal claim petition on the basis that the death of the claimant's son was intentionally self-inflicted.*fn1

[ 65 Pa. Commw. Page 61]

After finding that the claimant had been partially dependent upon his deceased son (decedent), the referee concluded that the "claimant and/or his estate"*fn2 was not entitled to compensation or burial expenses. The relevant findings are:

9. At approximately 5:50 p.m. on June 22, 1975, while on the premises of Defendant employer and during decedent's normal working hours, decedent sustained fatal injuries, including a depressed skull fracture and crushing injuries of the chest with multiple fractures, suffered as a result of falling approximately one hundred feet from the south window of the small bag house, whereupon decedent was pronounced dead at 6:32 p.m. on June 22, 1975.

10. The referee finds that the decedent, through voluntary act, purposely and intentionally jumped or fell from the south window of the small bag house, thereby sustaining fatal injuries, based on the following facts found by the referee:

(a) Decedent's work station was not in the small bag house and decedent had no occupational reason to be in said location on June 22, 1975,

[ 65 Pa. Commw. Page 62]

(b) Claimant's manner and attitude was different in the month next preceding his death in ...


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