Grant v. Wark Construction Co.

Opinion by

Reno, J.,

In this workmen’s compensation case, the Workmen’s Compensation Board set aside the referee’s findings, substituted its own findings and awarded compensation to the claimant for a hernia. Defendants’ appeal was dismissed by the court below.

Appellants contend that claimant did not establish his case by “incontrovertible proof” required by the Pennsylvania Workmen’s Compensation Act of 1939, P. L. 520, §306(h), 77 PS §515. This is based upon the circumstance that at the first hearing before the referee, as well as in prior statements to an investigator and a physician, the…