Gurski v. Susquehanna Coal Co.

Citations

• 262 Pa. 1
• 104 A. 801

Syllabus

<p>Workmen’s compensation — Injury in course of employment— Referee’s finding of fact — Practice, Supreme Court and Compensation Board — Act of June 2, 1915, P. L. 786.</p> <p>1. Where a miner met his death from noxious gases in a part of his employer’s mine to which he had gone to get tools with which to work, although he had been told not to go into that part of the mine, his death was the result of an accident occurring in the course of his employment within the meaning of the Workmen’s Compensation Act of June 2, 1915, P. L. 756, Section 301.</p> <p>2. A compensation referee should make his findings of fact so comprehensive and explicit as to disclose the full story of the accident, where a question is raised as to whether the accident occurred in the course of decedent’s employment.</p> <p>3. The Workmen’s Compensation Board, where there is no hearing de novo, should not find facts in addition to those stated by the referee, but where it does find additional facts and their correctness is conceded by both parties, the Supreme Court may determine the issues involved upon the facts so found.</p>