Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BENILDA E. POLK v. WORKMEN'S COMPENSATION APPEAL BOARD (SAMBO'S RESTAURANTS (08/08/89)

decided: August 8, 1989.

BENILDA E. POLK, WIDOW, LEONARD W. POLK, DECEASED, APPELLANT,
v.
WORKMEN'S COMPENSATION APPEAL BOARD (SAMBO'S RESTAURANTS, INC.)



Appeal No. 3 M.D. Appeal Dkt. 1989, from Order of Commonwealth Court entered February 5, 1988, at No. 2873 C.D. 1986, Affirming Order of Workmen's Compensation Appeal Board entered on August 29, 1986, at No. A-89671 (Phila.-April, 1985).

COUNSEL

James H. Thomas, Paula B. Katchmer, Lancaster, for appellant.

W. Jeffrey Sidebottom, Paul D. Clouser, Lancaster, for appellee.

Nix, C.j., and Larsen, Flaherty, McDermott, Zappala and Papadakos, JJ. Larsen, J., files a dissenting opinion.

Author: Per Curiam

[ 522 Pa. Page 349]

ORDER

Appeal dismissed as having been improvidently granted.

ING OPINION

LARSEN, Justice, dissenting.

I dissent. Leonard W. Polk, appellant (deceased) was a working man, husband of Benilda Polk, appellant, and the father of a four year old son, Leonard W. Polk Jr. On February 6, 1981, Polk the manager of Sambo's Restaurant Inc. (appellee) was fatally shot at his place of employment,

[ 522 Pa. Page 350]

    by Melvin Dill a manager trainee. The history of Dill's employment with Sambo's was, at best, tempestuous. Dill's erratic behavior culminated in an assault on two co-employees for which he was fired by Polk. Dissatisfied with his termination, Dill contacted Sambo's home office, which reinstated Dill with a two-week suspension.

On February 5, 1981, Dill failed to report to work and was fired for the second time by Polk. On February 6, 1981, at approximately 8:45 p.m., Dill, who was admittedly suffering from hallucinations, arrived at Sambo's with a shotgun. He approached Polk and shouted, "why did you do this to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.