Franks v. Workers' Compensation Appeals Board

613 A.2d 36, 148 Pa. Commw. 25 (1992)

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Franks v. Workers’ Compensation Appeals Board

Pennsylvania Commonwealth Court
613 A.2d 36, 148 Pa. Commw. 25 (1992)

Facts

Robert Franks (plaintiff) was employed by SEPTA (defendant) as a cashier. On January 11, 1987, Franks was arrested for theft. Franks filed for workers’-compensation benefits for neck and back injuries, aggravation of hypertension, and psychological issues he sustained during the arrest. Franks and SEPTA appeared before a referee. Franks testified that upon request of the SEPTA revenue inspector, Franks produced money from his pockets, which included bills identified as fares collected by SEPTA agents, confirming the theft. A SEPTA detective then arrested and handcuffed Franks. According to Franks, during the arrest, his arm was twisted by the detective, and the detective threw him against a counter, causing him to fall to the floor. The detective denied the allegations. The referee denied benefits but found that Franks suffered physical and psychological injuries during the arrest based on the credible testimony of his physicians. The referee held that Franks’ injuries were not compensable as a matter of law because the injuries occurred while he was arrested for charges he was later convicted of. Franks appealed. The Workers’ Compensation Appeal Board (the board) (defendant) affirmed the referee’s decision. Franks appealed.

Rule of Law

Issue

Holding and Reasoning (Blatt, J.)

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