Baker v. Oliver B. Cannon & Sons, Inc.

Opinion by

Judge Crumlish, Jr.,

This is an appeal by Oliver B. Cannon & Sons, Inc., employer, and Fidelity & Casualty of New York, insurance carrier (Appellants), from an opinion and order of the Workmen’s Compensation Appeal Board (Board) which affirmed the decision of the referee awarding George W. Baker (Claimant) benefits. We affirm.

The first question raised on appeal is whether Claimant was in his course of employment at the time he suffered the injury. This question, while one of law, must be based upon facts. Farrell v. The House of Seagram, Inc., 8 Pa. Commonwealth Ct. 69, 301 A.2d 121…