Schuey v. Kittanning Borough

Citations

• 72 Pa. Super. 582
• 1919 Pa. Super. LEXIS 367

Syllabus

<p>Worhmen’s compensation — ■Practice•—Averment' of agency — Amendment.</p> <p>An answer by a defendant to a claim petition under the Workmen’s Compensation Act, which is complete in itself, may be amended to establish the authority of the agent making the answer. The purpose of the legislature in passing the Workmen’s Compensation Act was to simplify the procedure, by which disputes over compensation for injuries might be adjusted, between employer and employee. To bar an answer, complete as a defense on the merits, because of technicality, would not be in conformity with the language or the spirit of the act.</p> <p>Where a defendant, by its agent and insurer, presented a good answer on the merits, sufficient to put the claimant to proof of the allegations of the petition, the findings of the referee and the workmen’s compensation board, based on proper evidence will not be disturbed.</p>