Opinion
October 27, 1936.
November 13, 1936.
Workmen's compensation — Employer — Insurer — Evidence — Finding — Minister serving churches — Act of June 2, 1915, P.L. 769.
1. In a workmen's compensation case, the evidence was on appeal held sufficient to sustain a finding of the referee, approved by the board and by the lower court, that the policy issued by the defendant carrier insured the defendant employer, as respected its employees in a stated district, and that it covered the ministers or pastors, including claimant's decedent, serving the churches in that district.
2. Where it appeared that claimant's husband was accidentally killed in the course of his employment, claimant was entitled to compensation, enforceable under the policy issued by the defendant insurance carrier: Act of June 2, 1915, P.L. 769, sec. 1.
3. The insurer was entitled to examine the books of the employer, in the possession of its secretary, in connection with the claim presented by claimant, notwithstanding that the insurer had disclaimed liability for its payment; but the refusal of the secretary to permit such examination could not injuriously affect the rights which had accrued to claimant under the policy.
Appeal, No. 402, Oct. T., 1936, by defendant, from judgment of C.P. Centre Co., May T., 1936, No. 42, in case of Mrs. Sarah Crain v. Free Methodist Church, Oil City Conference, Tyrone District and Indemnity Insurance Company of North America.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, JAMES and RHODES, JJ. Judgment affirmed.
Appeal from award of Workmen's Compensation Board.
The facts are stated in the opinion of the Superior Court.
Appeal dismissed and judgment entered for claimant, opinion by FLEMING, P.J. Defendant, insurance carrier, appealed.
Error assigned was final decree.
Samuel H. Humes, of Humes Baird, for appellant.
Theodore C. Jackson, for appellee.
Argued October 27, 1936.
When this workmen's compensation case was here before ( 115 Pa. Super. 250, 175 A. 298) we sent the record back for additional evidence which might throw light on who the employer insured under appellant's policy was and the employees covered by it, so that it might be determined whether the claimant's husband was one of the employees protected by the policy.
Additional evidence has been taken, resulting in an award and judgment for the claimant. The insurance carrier has again appealed.
We agree with the referee — whose findings were approved by the board — and the learned court below that the additional evidence thus taken warrants a finding that the policy insured the Oil City Conference of the Free Methodist Church, as respects its employees in the Tyrone District, and that it covered the ministers or pastors serving the churches in that district of the Conference. As claimant's husband was such a minister, serving three charges or churches, and was admittedly in the course of his employment when he was accidentally killed, his widow was entitled to compensation, enforceable under the policy issued by appellant: Act of June 2, 1915, P.L. 769, sec. 1.
The insurer was, of course, entitled to examine the books of the Conference, in the possession of its secretary, in connection with the claim presented by appellee, notwithstanding that it had disclaimed liability for its payment; but the refusal of the secretary to permit such examination, unjustified though it was, cannot injuriously affect the rights which had accrued to the claimant under the policy.
Judgment affirmed.