Opinion
April 11, 1940.
April 29, 1940.
Appeals — Review — Findings of fact — Cause of injuries.
Findings of fact of the compensation authorities as to the cause of claimant's injuries, supported by substantial and competent legal evidence, will not be disturbed on appeal.
Appeal, No. 230, April T., 1940, from judgment of C.P. Allegheny Co., Oct. T., 1939, No. 2179, in case of Grover C. Murray v. Westinghouse Electric Manufacturing Company.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, RHODES and HIRT, JJ. Judgment affirmed.
Appeal by defendant from award of Workmen's Compensation Board.
Appeal dismissed and judgment entered for claimant, opinion by MARSHALL, J. Defendant appealed.
Errors assigned related to the action of the court below in dismissing defendant's exceptions and in entering judgment for claimant.
Elmer E. Myers, with him Smith, Buchanan Ingersoll, for appellant.
Sam R. Keller, with him Morse J. Keller, for appellee.
Argued April 11, 1940.
The injury for which the claimant sought compensation was a detached retina, resulting in the permanent loss of the use of the left eye, caused, it was alleged, by being hit on the forehead by the handle of a drill press, with sufficient force or severity to make it bleed and leave a scar visible at the time of the hearing, six months later.
Two medical witnesses testified on claimant's behalf. Dr. Linn (pp. 32a-33a and 65a-67a) stated "positively" and "without reservation" that in his opinion the detached retina, which resulted in the loss of the eye, was caused by the blow on the forehead. Dr. Hunter (p. 55a) gave it as his conclusion that the blow was either the original cause or the exciting cause.
The testimony is neither incredible nor improbable and it supports the findings of the referee, which were affirmed by the board.
Judgment affirmed.