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PORT AUTHORITY ALLEGHENY COUNTY v. COMMONWEALTH PENNSYLVANIA (05/03/82)

decided: May 3, 1982.

PORT AUTHORITY OF ALLEGHENY COUNTY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND MICHAEL V. D'AGOSTINO, DECEASED, BY NELLIE, HIS WIDOW, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Michael V. D'Agostino, deceased, Nellie, Widow v. Port Authority of Allegheny County, No. A-79215.

COUNSEL

Jeffrey M. Johnston, Ruffin, Hazlett, Snyder, Brown & Stabile, for petitioner.

Edwin H. Beachler, with him William R. Caroselli, McArdle, Caroselli, Spagnolli & Beachler, for respondent, Nellie D'Agostino.

President Judge Crumlish and Judges Blatt and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer did not participate in the decision in this case.

Author: Crumlish

[ 66 Pa. Commw. Page 394]

Port Authority of Allegheny County (PAT) appeals a Workmen's Compensation Appeal Board order*fn1 awarding death benefits*fn2 to the wife of Michael D'Agostino. We affirm.

D'Agostino, a bus driver for PAT, sustained a fatal heart attack while shoveling foot-deep snow around his vehicle in PAT's employee lot.

To be compensable under Section 301(c)(1) of The Pennsylvania Workmen's Compensation Act,*fn3 an injury must arise in the course of employment and be related thereto. Workmen's Compensation Appeal Board v. U.S. Steel Corp., 31 Pa. Commonwealth Ct. 329, 376 A.2d 271 (1977). An employee, although not furthering his employer's business, is within the course of his employment if he is on the premises occupied

[ 66 Pa. Commw. Page 395]

    by or under the control of the employer, is required by the nature of his employment to be present on the employer's premises and has sustained injuries caused by the condition of the premises. U.S. Steel Corp.

PAT asserts that the referee erred in determining that:

(1) the nature of decedent's employment required him to be on PAT's premises one and one-half hours after the completion of his work day;

(2) the unusual climatic conditions at the time of decedent's death were a 'condition of the ...


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