Gallagher v. Delaware, Lackawanna & Western R. R.

Citations

• 72 Pa. Super. 124
• 1919 Pa. Super. LEXIS 265

Syllabus

<p>Workmen's compensation — Appeals—Findings of fact ty toará —Failure to make complete findings — Pleadings.</p> <p>While the findings of the referee, affirmed by the Workmen’s Compensation Board, are conclusive and not subject to review by the courts, yet there should be in every case exhibited in the report of the referee, or the Workmen’s Compensation Board, a finding based upon subordinate underlying findings, to justify the conclusions of law and fact. The report should show fully and clearly all the controlling facts, to determine whether or not the claimant was injured in the course of his employment.</p> <p>Where the complete findings are not made by the board, an award will not be disturbed, where the pleadings in the ease show the exact facts in dispute, for it is presumed that such allegations were considered by the referee and the Compensation Board, in reaching their decision.</p>