Opinion
November 13, 1968.
December 6, 1968.
Workmen's Compensation — Evidence — Findings of fact — Cause of death.
Argued November 13, 1968.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.
Appeal, No. 157, April T., 1968, from judgment of Court of Common Pleas of Westmoreland County, July T., 1967, No. 386, in case of Olive Wigfield, widow of Frank Wigfield, deceased, v. Overly Manufacturing Company et al. Judgment affirmed.
Appeal by claimant from decision of Workmen's Compensation Board reversing an award by the referee.
Order entered sustaining appeal and reinstating award for claimant, opinion by McCORMICK, J. Defendants appealed.
Michael B. Kaleugher, with him Clem R. Kyle, for appellants.
Edgar P. Herrington, Jr., for appellee.
The appeal is dismissed and the record is remitted to the court below for entry of a judgment in favor of the claimant. As so entered, the judgment is affirmed.
I would reverse the decision of the lower court and remand the record to the Workmen's Compensation Board for further hearing and reconsideration. The lower court substituted its finding of fact as to the cause of death of appellee's husband for that of the Board, which it had no right to do. Zimmiski v. Lehigh Valley Coal Company, 200 Pa. Super. 524, 189 A.2d 897 (1963). Therefore, the judgment in appellee's favor based on that erroneous finding was invalid.
I respectfully dissent.