Opinion
October 26, 1942.
November 11, 1942.
Workmen's compensation — Findings of fact by board — Judicial review.
A finding of fact by the Workmen's Compensation Board, based upon substantial and competent evidence, that the employee met his death in the course of his employment as the result of an accident, is binding upon the courts.
Appeal, No. 119, April T., 1943, from judgment of C.P. Allegheny Co., July T., 1942, No. 5, in case of Mrs. Sarah Love v. Elizabeth Coal Company et al.
Appeal by defendants from award of Workmen's Compensation Board.
Appeal dismissed and judgment entered for claimant, opinion by RICHARDSON, J. Defendants appealed.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, RHODES, HIRT and KENWORTHEY, JJ. Judgment affirmed.
S.H. Torchia, with him Ralph H. Behney and Claude T. Reno, Attorney General, for appellants.
Samuel J. Goldstein, for appellee, was not heard.
Argued October 26, 1942.
The sole issue in this compensation case was one of fact. The board found upon substantial and competent evidence that the deceased met his death in the course of his employment as the result of an accident and awarded compensation to the claimant and her minor children. We are bound by the board's action: Johnson v. Valvoline Oil Company et al., 131 Pa. Super. 266, 200 A. 224; Russell v. Scott Paper Company, 140 Pa. Super. 84, 13 A.2d 81; Walsh v. Penn Anthracite Mining Company, 147 Pa. Super. 328, 24 A.2d 51; Williams v. Susquehanna Collieries Company, 148 Pa. Super. 540, 25 A.2d 751.
Judgment is affirmed.