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Knepp v. Workers' Compensation Appeal Board11/8/2002
James Knepp (Claimant) was employed as a driller's helper/laborer with New Way Drilling (Employer). On October 24, 1997, Claimant was driving Employer's Ford F-250 truck loaded with sand, gravel, and plastic pipe to a job site. The truck Claimant operated crossed the concrete center divider of a four lane highway and struck and killed the driver of an oncoming vehicle. Claimant subsequently alleged he had no recall of the accident.
Claimant was charged with four violations of the Vehicle Code:
Homicide by Vehicle (Section 3732) , Careless Driving (Section 3714) , Driving on Roadways Lined for Traffic (Section 3309(1)) , and Exceeding Registered Gross Vehicle Weight (Section 4942(a)) . Homicide by Vehicle is a first degree misdemeanor. The other charges are summary offenses.
On February 3, 1999, Claimant pled guilty to the four charges in the Court of Common Pleas of Lycoming County (common pleas court). On May 6, 1999, the common pleas court sentenced Claimant to five years in the Intermediate Punishment Program with the first four months to be served on the Electronic Monitoring Program on the homicide by vehicle charge. In addition, the common pleas court fined Claimant $5,000.00 on this charge.
On December 17, 1998, Claimant petitioned for benefits and alleged that he suffered a fractured left hip, a fractured right wrist, a fractured left arm, torn ligaments in left knee, and a laceration to his forehead. The parties agreed to direct argument to the issue of whether Claimant was entitled to medical expenses caused by his injuries suffered in the October 24, 1997, accident. Claimant submitted into evidence the common pleas court orders regarding his conviction and sentencing as well as the transcripts of the criminal hearing and his sentencing.
The Workers' Compensation Judge (WCJ) denied Claimant's petition pursuant to Section 301(a) of the Workers' Compensation Act (Act) , on the ground that the injuries were a direct result of his violations of the Vehicle Code. The Workers' Compensation Appeal Board (Board) affirmed.
Claimant contends that the Board committed an error of law when it affirmed the WCJ's conclusion that Claimant's injuries resulted from a violation of law within the meaning of Section 301(a) of the Act.
Under Section 301(a) of the Act, a claimant is not entitled to benefits if the injury "is caused by the employe's violation of law, . . . but the burden of proof of such fact shall be upon the employer." "The employer's burden of proof is greater than a mere preponderance. . . . t must establish a causal connection between the violation of the law and the claimant's injuries. . . ." (Citations omitted). Franks v. Workers' Compensation Appeal Board (SEPTA), 613 A.2d 36, 37 (Pa. Cmwlth. 1991).
In Burger King v. Workmen's Compensation Appeal Board (Boyd), 579 A.2d 1013 (Pa. Cmwlth. 1990), Albert Paul Boyd (Boyd) had been employed as a vacation relief manager for Burger King when he sustained injuries in the course of his employment. Boyd was stopped at a red light behind a tractor-trailer. When the light turned green, Boyd passed the tractor-trailer by using a right-hand turn lane. Just before the end of the right-hand turn lane, Boyd cut in front of the tractor-trailer. He then lost control of his vehicle, crossed into the oncoming lane of traffic, collided with an oncoming vehicle and killed its occupants. Boyd suffered injuries in the accident. Boyd pled guilty to the summary offense of meeting a vehicle proceeding in the opposite direction as well as three counts of involuntary manslaughter, a misdemeanor offense. The referee awarded Boyd benefits. The Board affirmed. Bu
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