Mathies Coal Co. v. Commonwealth

Opinion by

Judge Craig,

Mathies Coal Company appeals an order of the Workmen’s Compensation Appeal Board (Board), which, after concluding that the referee had capriciously disregarded competent evidence in claimant’s favor, remanded the case to the referee with instructions to determine the degree of claimant’s disability, calculate compensation and award interest, if any.

The referee had previously considered reports by two physicians, Drs. Anderson and Overly, and a deposition by Dr. Krouse. All three physicians found evidence of severe pulmonary restriction. Dr. Krouse, at all times, said…