The decedent died in the course of his employment where his injury occurred in the furtherance of his business as a college professor even though precipitating events occurred at lunch off campus.

The decedent, who worked as a professor at Penn State, suffered from significant pre-existing medical conditions including lymphedema, uncontrolled diabetes, hypertension, difficulty breathing, cardiac problems and cellulitis of the legs. Under a doctor's care over a period of six years, his health conditions improved to the point where he required only routine quarterly checkups.

The decedent was working with a student who was preparing and defending his doctoral thesis. The decedent and the student worked together on the thesis, including meeting at a local restaurant because of their conflicting work schedules. On December 20, 2006, they were together at a restaurant exhaustively reviewing a draft of the thesis. They stopped to have lunch when the decedent suddenly fell to the floor, complaining of pain in his chest, shoulders and arm. He was taken to the hospital where he suffered a left shoulder fracture/dislocation. Had he not been injured, the decedent and student intended to continue their work on the dissertation.

At the hospital, he underwent a procedure involving a closed reduction of the fracture and dislocation, wherein infection was identified as a risk. During his hospital stay, the decedent began complaining of left shoulder pain and other problems. He later developed intense pain with cardiac and respiratory distress and was moved to the ICU Unit where he subsequently died. The treating physician concluded that he expired from multiple medical problems stemming from his upper extremity fracture.

A Fatal Claim Petition was filed, which the judge granted, finding that the decedent was engaged in the furtherance of the business or affairs of Penn State when he fell and was injured and died as a result of those injuries.

On appeal, the Employer argued that the decedent's injuries did not occur in the course of his employment as he was on a break from work at a public restaurant. The Board affirmed. On appeal to the Commonwealth Court, the court found that, indeed, the decedent's injuries did arise in the course of his employment as he was involved in a multi-hour meeting, which included a working lunch, in furtherance of his job duties as a college professor. According to the court, the lunch was an inconsequential departure from regular work activities. The court also rejected the employer's challenge to the medical findings, concluding that there was credible, unequivocal medical evidence that the decedent's work contributed to his demise.

Case Law Alert - 4th Qtr 2012