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ANNE M. PILOT v. WORKMEN'S COMPENSATION APPEAL BOARD (CORNING GLASS WORKS) (12/12/84)

decided: December 12, 1984.

ANNE M. PILOT, WIDOW OF EDWARD M. PILOT, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (CORNING GLASS WORKS), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Edward M. Pilot, deceased, Anne M. Pilot, Widow v. Corning Glass Works, No. A-81820.

COUNSEL

John J. Bagnato, with him, Robert G. Rose, Spence, Custer, Saylor, Wolfe & Rose, for petitioner.

David M. McCloskey, Will & Keisling, for respondent, Corning Glass Works.

Judges Williams, Jr., Barry and Colins, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 86 Pa. Commw. Page 432]

Anne M. Pilot, the widow of Edward M. Pilot, appeals from an order of the Workmen's Compensation

[ 86 Pa. Commw. Page 433]

Appeal Board which reversed the referee's decision awarding benefits on her fatal claim petition. The broad question presented is whether the widow's claim is covered under Section 305.2 of The Pennsylvania Workmen's Compensation Act (Act),*fn1 the extraterritorial injury provision.

The referee's pertinent, undisputed findings establish the following. Mr. Pilot, a brick mason, was not a regular full-time employe of Corning Glass Works (Corning), which manufactures glass products. For twenty years decedent was on Corning's reserve list of free-lance masons, and was frequently requested, by registered mail, to rebuild glass furnaces at plants throughout the United States. Each registered-letter job offer specifically describes the task, its expected duration, location, hours, pay rate and travel bonus. Corning hires reserve-list, free-lance masons on a job-to-job basis.

By registered letter Corning offered employment to Mr. Pilot, who accepted from his Pennsylvania home. The job offer solely concerned a "tank repair" project, which was scheduled for ten days in January 1976, at Corning's factory in Greenville, Ohio. While working in Ohio, Mr. Pilot was approached by the employer's superintendent of masons and orally offered two jobs at plants in Charleroi, Pennsylvania and Bluffton, Indiana. Decedent immediately accepted the proffered employment, and, upon completing the Ohio project, he worked in Pennsylvania from January 19, 1976 to February 6, 1976, and in Indiana from February 9, 1976 to February 16, 1976. Mr. Pilot suffered a myocardial infarction on February 16, 1976, while cutting silica brick with a wet saw at Corning's Bluffton, Indiana factory. Decedent's

[ 86 Pa. Commw. Page 434]

    death, which resulted from the February 16, 1976 incident, occurred on May 10, 1976.

The referee awarded fatal claim benefits to decedent's widow after concluding that her husband's work-related injury in Indiana was entitled to extraterritorial coverage under Section 305.2(a)(2) of the Act, 77 P.S. ยง 411.2(a)(2). The board reversed the referee's order, ...


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