Kuca v. Lehigh Valley Coal Co.

Citations

• 268 Pa. 163
• 110 A. 731
• 1920 Pa. LEXIS 644

Syllabus

<p>Workmen’s compensation — Revisory powers of the Supreme Court —Evidence—Act of June 26, 1919, P. L, 61/.2 — Procedure—Retroactive statute.</p> <p>1. The revisory powers of the Supreme Court under the Act of June 26, 1919, P. L. 642, amending the Workmen’s Compensation Act of 1915, are limited to such consideration of the record as will enable the court to ascertain whether there is evidence to support the findings of the board, and if on such findings the law has been properly applied.</p> <p>2. Under the Act of 1919, where the common pleas sustains an exception to an award and reverses the action of the board, it must remit the record to the board for further hearing and determination, such hearings shall not continue indefinitely and, if the new evidence is merely cumulative, it is the duty of the hoard to disallow the claim.</p> <p>3. The Act of 1919 applies to an action already instituted, inasmuch as it affects procedure only, and does not disturb vested rights, or impair contract obligations.</p> <p>Workmen’s compensation — Mines and mining — Course of employment — Leaving place of work.</p> <p>4. No compensation will be allowed where the deceased left his regular working place and went some distance away, where no duty or business called him, and there met his death. The accident did not happen to him in the course of his employment.</p>