Opinion
Argued October 7, 1986
January 29, 1987.
Workmen's compensation — Suicide — Common-law marriage — Remarriage.
1. For workmen's compensation purposes, suicide may be compensable when it is the direct result of a work-related mental illness; to be work-related, the mental injury must stem from the decedent's function as an employee, not from outside circumstances. [386]
2. Workmen's compensation benefits will be granted if a suicide is caused by pain, depression or despair resulting from a work-related injury so severe as to override rational judgment. [386]
3. A common-law marriage comes into existence by words in the present tense, uttered with a view and for the purpose of establishing the relation of husband and wife; the intent of parties to enter a common-law remarriage may be expressed in nonverbal ways. [387-8]
Argued October 7, 1986, before President Judge CRUMLISH, JR., Judge DOYLE, and Senior Judge KALISH, sitting as a panel of three.
Appeal, No. 3012 C.D. 1984, from the Order of the Workmen's Compensation Appeal Board in the case of Roberta Guerrero, w/o Jorge L. v. Globe Security Systems, Co., No. A-84931.
Fatal claim petition to the Department of Labor and Industry for workmen's compensation death benefits. Benefits awarded. Employer and insurer appealed to the Workmen's Compensation Appeal Board. Appeal denied. Employer and insurer appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Fred C. Trenor, Meyer, Darragh, Buckler, Bebenek Eck, for petitioners. Barbara Ernsberger, Behrend, Morrow, Ernsberger Moran, for respondents.
Globe Security Systems Company (Globe) appeals a Workmen's Compensation Appeal Board (Board) order upholding a referee's decision granting fatal claim benefits to Roberta Guerrero, widow of Jorge Guerrero, under Section 301(a) of The Pennsylvania Workmen's Compensation Act (Act). We affirm.
Act of June 2, 1915, P.L. 736, as amended, 77 P. S. § 431, defines work-related injury:
Every employer shall be liable for compensation for personal injury to, or for the death of each employe, by an injury in the course of his employment, and such compensation shall be paid in all cases by the employe, without regard to negligence, according to the schedule contained in sections three hundred and six and three hundred and seven of this article: Provided, That no compensation shall be paid when the injury or death is intentionally self inflicted, or is caused by the employe's violation of law, but the burden of proof of such fact shall be upon the employer. . . .
(Emphasis added.)
Guerrero, a security guard at a state liquor store, was attempting to guard two purported thieves when he drew his gun and accidentally shot one of the suspects in the neck. Immediately thereafter, Guerrero shot himself in the head and died.
The referee found that two men entered the liquor store and some confusion was created as to whether this was a robbery. The two men and the decedent went outside; Guerrero pulled out his gun, pointed it at the throat of one of the men, and the gun discharged.
The referee found that shooting the alleged suspect triggered a mental disturbance (an acute psychotic episode) which caused Guerrero to take his own life. The board concluded that there was a sufficient factual basis for finding that Guerrero's suicide was not intentionally self-inflicted. The Board also accepted the referee's finding that Roberta Guerrero and Jorge Guerrero were engaged in a common-law marriage when he died.
Workmen's Compensation Appeal Board order (Reproduced Record, pp. 24a-25a).
Referee findings # 2g, 13, 14 (Reproduced Record, pp. 295a-296a).
This Court has previously held that suicide may be compensable under the Act provided that the suicide is a direct result of a work-related mental illness. Allegheny Ludlum Steel Corp. v. Workmen's Compensation Appeal Board (Fisher), 91 Pa. Commw. 480, 498 A.2d 3 (1985). To be work-related, the mental injury must stem from the decedent's function as an employee, not from outside circumstances. Klein v. Workmen's Compensation Appeal Board (Plaza Home Center, Inc.), 91 Pa. Commw. 247, 496 A.2d 1346 (1985).
In McCoy v. Workmen's Compensation Appeal Board (McCoy Catering Services, Inc.), 102 Pa. Commw. 436, 518 A.2d 883 (1986), we recently adopted a "chain of causation" test to be applied in Section 301 suicide cases. Under this test, compensation will be granted if a suicide is caused by pain, depression or despair resulting from a work-related injury so severe as to override rational judgment.
To be entitled to receive compensation under this test, a claimant must prove that (1) there was initially a work-related injury, (2) the injury directly caused the employee to become dominated by a disturbance of the mind so severe as to override normal rational judgment, and (3) the disturbance resulted in suicide.
Globe initially contends that the medical evidence was insufficient to support the conclusion that Guerrero had sustained a mental injury simply because he committed suicide. We disagree.
Under University of Pittsburgh v. Workmen's Compensation Appeal Board, 49 Pa. Commw. 347, 405 A.2d 1048 (1979), a claimant must prove that the decedent sustained a physical or a mental injury during the course of his employment which caused him to commit suicide and not be held legally responsible.
Our scope of review is limited to determining whether the findings of fact are supported by substantial evidence and whether the referee committed an error of law or violated any constitutional rights. Section 704 of the Administrative Agency Act, 2 Pa. C. S. § 704. Estate of McGovern v. State Employees' Retirement Board, 512 Pa. 377, 383, 517 A.2d 523, 525 (1986).
Roberta Guerrero presented competent medical evidence which showed that her husband had a "combat-like" reaction to his shooting of the intruder and suffered an acute psychotic episode resulting in suicide. The referee has a duty to weigh the evidence and he may accept or reject expert medical testimony. Hoffman v. Workmen's Compensation Appeal Board (Mitchell Transport, Inc.), 87 Pa. Commw. 44, 485 A.2d 1235 (1985). We hold that the referee's finding that Jorge Guerrero suffered a work-related injury which resulted in his suicide is supported by substantial medical evidence.
The referee found Dr. Thompson's testimony more credible. Referee findings no. 9 and 10 (Reproduced Record, p. 296a).
In affirming the referee, the Board opined from Dr. Thompson's testimony that Guerrero's reaction to the shooting was similar to that observed of soldiers in times of war. (Reproduced Record, pp. 295a-296a).
Globe also disputes the referee's finding that there was a common-law marriage between Roberta and Jorge because their legal marriage had previously ended in divorce. The general rule for a common-law marriage is that a nonceremonial marriage comes into existence by words in the present tense, uttered with a view and for the purpose of establishing the relation of husband and wife. Commonwealth ex rel. McDermott v. McDermott, 236 Pa. Super. 541, 345 A.2d 914 (1975). However, Fragapane v. Fragapane, 131 P.L.J. 421 (1983), elucidates the law of common-law remarriages: "[T]he law's role of mere toleration of the common law relationship should be reversed and the status of remarriage favored, even if acquired with common law informality." (Citing McDermott.) The intent of the parties to enter a common-law remarriage may be expressed in other, nonverbal ways. Fragapane.
Referee findings no. 13, 14, 15, 16 (Reproduced Record, p. 296a).
We hold that the referee's finding that a common-law remarriage existed when Guerrero died is supported by substantial evidence.
The record contains substantial testimony from the Guerreros pertaining to such nonverbal expressions of intent. Guerrero and his widow were married on August 12, 1976, and divorced on June 1, 1977. They continued to live together during and after their divorce, held themselves out as husband and wife and filed a loan application as a married couple. Further, the decedent listed claimant as living at his address and the person to contact in case of emergency. The claimant bore him a child on November 1, 1977.
In addition, Guerrero's former wife, Jean M. Guerrero, testified that Roberta and Jorge Guerrero were living as husband and wife when he died.
Accordingly, we affirm the order of the Workmen's Compensation Appeal Board.
The Board awarded benefits to Roberta Guerrero and her son, Randolph Jorge Guerrero, as well as Guerrero's three children borne of his former marriage to Jean M. Guerrero.
ORDER
The Workmen's Compensation Appeal Board order, No. A-84931 dated September 27, 1984, is affirmed.