Appeal from the Order of the Workmen's Compensation Appeal Board in case of Alice M. Brown v. Transworld Airlines, No. A-78516.
Joan Shoemaker, with her Edward G. Shoemaker, Adams, Hillen & Shoemaker, for petitioner.
Michael Relich, with him Leonard P. Kane, Fried, Kane, Walters & Zuschlag, for respondent, Transworld Airlines.
Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Blatt.
[ 71 Pa. Commw. Page 221]
Alice M. Brown (claimant) appeals here from an order of the Workmen's Compensation Appeal Board which affirmed the referee's denial of benefits.
The facts are uncontroverted. The claimant, while in the employ of Transworld Airlines as a ticket agent-reservationist, worked on the third floor of the Chatham Center,*fn1 Pittsburgh, PA. On December 18, 1978, upon completing her shift shortly after midnight,
[ 71 Pa. Commw. Page 222]
the claimant took the elevator from the third floor to the lobby, and, while walking away from the access elevator, she slipped and fell on the newly waxed floor, sustaining injuries.
The sole issue for our determination*fn2 is whether or not the claimant was "on the employer's premises" within the intendment of Section 301(c)(1) of The Pennsylvania Workmen's Compensation Act*fn3 (Act).
Section 301(c)(1) of the Act provides in relevant part that:
The term injury arising in the course of his employment . . . shall include . . . injuries sustained while the employe is actually engaged in the furtherance of the business or affairs of the employer, whether upon the employer's premises or elsewhere, and shall include all injuries caused by the condition of the premises or by the operation of the employer's business or affairs thereon, sustained by the employe, who, though not so engaged, is injured upon the premises occupied by or under the control of the employer, or upon which ...