Bradley v. Chester Materials Co.

Opinion by

Hirt, J.,

Claimant, following her husband’s death on June 20, 1940, filed a claim for compensation alleging that he died from accidental injury while in the employ of defendant. On June 16, 1940, decedent was repairing a steam boiler for the defendant and while replacing tubes inside the boiler, it is alleged that he was overcome by heat exhaustion. Both the referee and the board, without deciding the question of fact whether there was an accident, concluded that claimant was barred, in any event, because his relation to defendant was that of an independent contractor and not an…