Burger King v. Workmen's Compensation Appeal Board

McGINLEY, Judge,

dissenting.

I respectfully dissent. The majority’s holding that something less than a felony or misdemeanor may constitute a violation of the law within the meaning of the Act creates uncertainty in the law and increases the potential for litigation. I would hold that the commission of a summary offense does not constitute a violation of the law within the meaning of the Act. Accordingly, I would determine whether Claimant’s commission of the three misdemeanor offenses caused his injuries.

Employer has the burden of proving, by more than a mere preponderance of evidence, that Claimant’s injuries resulted from his violation of the law. Lomax v. Workmen's Compensation Appeal Board (Mitchell), 121 Pa.Commonwealth Ct. 371, 375, 550 A.2d 866, 868 (1988). In other words, the commission of a misdemeanor offense will not preclude payment of compensation benefits unless the employer establishes a causal connection between that offense and the employee’s injuries. Kovalchick v. Workmen’s Compensation Appeal Board (Williams), 102 Pa. Commonwealth Ct. 562, 519 A.2d 543 (1986) (death benefits awarded to estate of employee who died in automobile accident with .26% blood alcohol content because employer failed to prove that degree of intoxication caused death); Oakes v. Workmen’s Compensation Appeal Board (Pennsylvania Electric Co.), 79 Pa.Commonwealth Ct. 454, 469 A.2d 723 (1984) (death benefits paid to estate of employee involved in fatal accident while operating company vehicle under influence of alcohol because evidence showed that employee would have struck pedestrian had he swerved to avoid collision). Employer herein has not met its burden.

Employer argues that Claimant’s actions in operating his vehicle which led to his guilty pleas constitute violations of the law within the meaning of the Act. By pleading guilty to the misdemeanors, Claimant admitted that, while operating his vehicle in a reckless or grossly negligent manner, he caused three tragic deaths. I believe that the majority blurs the distinction between cause and effect. Claimant’s violation of the Vehicle Code, a summary offense, was the operative conduct. Even though Claimant was reckless or grossly negligent, he was clearly injured in the course of his employment and should receive compensation benefits. I would therefore affirm the order of the Board.