Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...at the time of his death was not acting in the course of his employment with the defendant company. The Referee's second finding of fact is strictly a finding of fact, which has been afiirmed by the Workmen's Compensation Board, and this Court is without authority to review it, the decisions all holding that a Referees finding of fact, aflirmed by the Workmen's Compensation Board, is final and conclusive, under Section 403 of the Workmen's Compensation Act, which provides that. "The Board's findings of fact shall in all cases he final." But the finding of the Referee that "the deceased while returning from Masontown where he had undergone a physical examination at the request of the defendant company was not in the course of his employment and tlicrcforc his death was 'not due to an injury by accident while in the course of his employment with the defendant company," is to some extent a mixed question of fact and law, which may he reviewed on its latter aspect, for since the Compensation Act undertakes to define the meaning of the phrase "injury by an accident in the course of his employment," in each instance the question of law is presented as to whether or not the underlying findings of fact are suflicient to bring the case within the statutory definition. Fluckcr v. Carnegie Steel Co., 263 Pa. 113. The statutory definition is contained in Section 301. Article III, of the Workmen's Compensation Act of June 2, 1915, P. L. 736, which, omitting certain parts in no way alfecting this case, provides that the term "injury by an accident in the course of his employment," in that article, "shall include all other injuries sustained while the employe is...