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Griffin v. Pennsylvania Board of Probation and Parole8/3/2000
SUBMITTED: December 31, 1999
Stephen Griffin (Griffin) petitions for review from the July 6, 1999 order of the Commonwealth of Pennsylvania, Board of Probation and Parole (Board) that adopted the proposed findings of fact and conclusions of law of the hearing examiner recommending that Griffin be found ineligible for benefits under what is commonly referred to as the Heart and Lung Act (Act). In this case, we consider the issue of whether the General Assembly's use of the phrase "in the performance of his duties" in the Act was intended to preclude an individual from receiving benefits where there is a possibility that he suffered a recurrence or aggravation of a prior work-related injury in a non-work related incident. For the reasons that follow, we vacate the Board's order and remand for further proceedings.
By order dated July 19, 1996, Nicholas Muller, Chairman of the Board, appointed a hearing examiner to conduct a hearing on Griffin's claim for heart and lung benefits. The hearing took place on July 22, 1996, at which time both parties agreed to utilize Griffin's testimony before the workers' compensation judge in lieu of live testimony before the hearing examiner. Thereafter, the parties subsequently presented to the hearing examiner the deposition testimony of their expert medical witnesses. Upon considering the evidence presented by the parties, the hearing examiner made the following findings of fact:
1. Claimant was employed by the Pennsylvania Board of Probation and Parole for approximately twenty-six years, most recently as a arole Agent II.
2. Claimant's duties included supervising released prisoners, preparing pre-parole investigations, referring released prisoners to health and substance abuse facilities, attending parole hearings, returning parolees to prison when necessary, etc.
3. Claimant's fixed place of employment was in the State Office Building at the intersection of Broad and Spring Garden Streets in Philadelphia, where he had his own desk, separate office, and dedicated telephone line.
4. Claimant, as were other parole agents, was required to be in the office for at least one full day per week; at other times, he was in the field or in the office based on discussions with his supervisor.
5. It was Claimant's personal practice to work in the office each morning, go into the field to conduct the required work and then "end at home by writing up . . . interviews and finishing off what they call a daily activity sheet."
6. Parole agents are rarely allowed to work at home, i.e. in only unique circumstances, and then only with the pre-approval of their supervisors.
7. Claimant did not have general or specific approval from his supervisor to work at home.
8. Claimant asserted that he had the right to work at home on the basis of what he was allegedly told by parole agents from other parts of the state whom he met at periodic Employer-wide training seminars.
9. On August 24, 1995, Claimant was scheduled to work until 5:00 p.m. but, without permission, drove home, arriving at 4:00 p.m., at which time he injured his back.
10. Claimant did not report this injury to his supervisor until the next morning, Friday, August 25, 1995.
11. Claimant did not contact Dr. DeCarlo, from whom he had received significant medical treatment over the years, until the same date, but did not see the doctor until August 29, 1995.
12. Claimant was injured while parking a State owned vehicle, which was, at that time, assigned to him for official business and for driving to and from work.
13. Personal use of t
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