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Rox Coal Co. v. Workers' Compensation Appeal Board

In determining whether an injury sustained by an employee traveling to or from work is compensable, the employment contract exception to the "going and coming" rule is still valid, and an uncorroborated police accident report is insufficient to prove that a claim is not compensable because the claimant was injured as a result of his violation of a law.

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Submitted: October 13, 2000

Rox Coal Company (Employer) petitions for review of the October 21, 1999 order of the Workers’ Compensation Appeal Board (WCAB) that reversed a workers’ compensation judge’s (WCJ) decision denying fatal claim benefits to Renee Snizaski (Claimant) under the provisions of the Pennsylvania Workers’ Compensation Act (Act) *fn1 . Employer also appeals from the WCAB’s June 13, 2000 order denying Employer’s petition for reconsideration.*fn2 For the reasons stated herein, we affirm both orders.

Claimant is the widow of Randy Snizaski (Decedent), who worked as a coal mine superintendent for Employer. Decedent was killed in a one-car accident on the morning of May 7, 1996, while driving to work in a vehicle provided to him by Employer. (WCJ’s Findings of Fact, Nos. 6a-6d.) The issue presented is whether the WCAB erred in concluding that Claimant was entitled to benefits because Decedent was within the course of his employment at the time of his fatal accident.

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