Opinion
April 8, 1940.
May 1, 1940.
Workmen's compensation — Dependents — Widow — Evidence — Findings of compensation authorities.
In a workmen's compensation case, it was held on appeal that there was evidence to sustain the action of the board in reversing the findings of fact of the referee and in holding that the competent and credible evidence in the record failed to establish that claimant, the non-resident widow of the deceased employee, was actually dependent upon him for support at the time of his death.
Appeal, No. 148, April T., 1940, from judgment of C.P. Indiana Co., June T., 1939, No. 115, in case of Czechoslovak Consulate of Pittsburgh, for dependents of Mike Shultz, deceased, v. Rochester Pittsburgh Coal Company.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, RHODES and HIRT, JJ. Judgment affirmed.
Appeal by claimant from decision of Workmen's Compensation Board refusing award.
Decision of board affirmed and judgment entered for defendant, opinion by CREPS, P.J. Claimant appealed.
Errors assigned related to the action of the court below in dismissing claimant's exceptions and in entering his final decree.
E.P. Curran, with him Julius J. Strba, for appellant.
H.A. Heilman, with him Henry I. Wilson, for appellee.
Argued April 8, 1940.
We are not satisfied that the action of the board in reversing the findings of fact of the referee, and in holding that the competent and credible evidence in the record failed to establish that the claimant, the alien, non-resident widow of the deceased employee, was "actually dependent upon him for support," at the time of his death, within the terms of the Workmen's Compensation Law, is without substantial support in the record. The evidence adduced on her behalf was not only meager and inconclusive, but also to some extent contradictory and inconsistent with her prior declarations, and the board, the ultimate fact finding body, was not required to accept it as establishing her claim.
Judgment affirmed.