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LUKENS v. WORKMEN'S COMPENSATION APPEAL BOARD (HASIEY) (08/09/85)

decided: August 9, 1985.

LUKENS, INC., FORMERLY KNOWN AS LUKENS STEEL COMPANY, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (HASIEY), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Joseph Hasiey, Deceased, Sarah, Widow v. Lukens Steel Company, No. A-84909.

COUNSEL

Mary Ann Rossi, with her, Terry W. Knox, MacElree, Harvey, Gallagher, O'Donnell & Featherman, Ltd., for petitioner.

Neil M. Shukovsky, Galfand, Berger, Senesky, Lurie & March, for respondents.

Judges Craig and Colins, and Senior Judge Barbieri, sitting as a panel of three. Memorandum Opinion by Judge Craig.

Author: Craig

[ 91 Pa. Commw. Page 55]

Lukens Steel Company appeals an order of the Workmen's Compensation Appeal Board which affirmed

[ 91 Pa. Commw. Page 56]

    a referee's grant of fatal claim benefits to Sarah Hasiey, for the death of her husband, Joseph. We must determine*fn1 whether substantial evidence supports the referee's findings and conclusion that Joseph Hasiey's death arose in the course of his employment and was related to it, and was therefore compensable under § 301(c) of The Pennsylvania Workmen's Compensation Act,*fn2 77 P.S. § 411(1).

At the time of his death, the decedent was employed as an inspector gang leader by Lukens Steel Company, for whom he had worked for thirty-one years. In performing his job, an inspector gang leader was required to patrol three separate buildings approximately three hundred yards long by forty yards wide. On February 6, 1978, the decedent left home early to drive to work through a heavy snowstorm; he arrived on time for his scheduled 3:00 p.m. to 11:00 p.m. shift. Because of the adverse weather conditions, the decedent and other employees who had worked that shift remained overnight at the Lukens plant. The decedent spent a restless night trying to sleep on top of a desk.

The following morning, the inspector gang leader scheduled to work the 7:00 a.m. to 3:00 p.m. shift did not report to work. Therefore, the decedent began working that shift in his place.

Before completing the 7:00 a.m. to 3:00 p.m. shift, the decedent prepared to dig his car out of the snow-covered Lukens parking lot and leave for home. However,

[ 91 Pa. Commw. Page 57]

    at approximately 1:45 p.m., a fellow employee found the decedent's body in the clock room, the ...


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