Benko v. Vesta Coal Co.

Opinion by

Cunningham, J.,

The claimant in this workmen’s compensation case has appealed from an order of the court below dismissing his petition, filed October 6, 1938, to set aside a final receipt signed by him on August 10th of that year. The controlling question of law here involved relates to the extent of the burden of proof assumed by claimant when he filed his petition, i. e., whether his burden was measured by the provisions of Section 434 of the amendatory Act of June 4, 1937, P. L. 1552, (effective January 1, 1938, and in force when claimant was accidentally injured on June 8, 1938),…