Powell v. Sonntag

Opinion by

Arnold, J.,

In this workmen’s compensation case the sole question is whether the board abused its discretion in refusing rehearing to the defendant. That discretion is statutorily vested in it, and not in the courts. The defendant took an appeal from the board’s .refusal to the court of common pleas. The board’s discretion is not subject to review except if its discretion be abused: Barton v. Pittsburgh Coal Co., 113 Pa. Superior Ct. 454, 173 A. 678. When the appeal reached the common pleas, therefore, the court below could not substitute its discretion for that of the board.

The…