Condron v. Philadelphia & Reading Coal & Iron Co.

Citations

• 78 Pa. Super. 133
• 1921 Pa. Super. LEXIS 354

Syllabus

<p>Workmen’s Compensation Act — Disappearance of employee — Last seen entering mine — Failure to establish accident — Refusal of compensation — Referee’s findings.</p> <p>On. a petition for compensation, under the Workingmen’s Compensation Act, the claimant alleged that she was entitled to compensation because of the death of a minor son, who was employed in the mine of the defendant company and was last seen in one of the gangways, going hack to look for a watch which he had lost. No evidence was produced to show that the employee was the victim of an accident, although no trace of him was found in any of the workings of the mine, after a continuous search of more than one month. It also appeared that there were seven or eight passages through which he could have gone to the surface. Under such circumstances, the 'findings of the referee, affirmed by the Workmen’s Compensation Board, that the employee was not killed during the course of his employment, were fully sustained by the evidence, and will be affirmed by the Superior Court.</p>