Artac v. Union Collieries Co.

Opinion by

Kenworthey, J.,

The previous appeal in this case was disposed of in an opinion reported in 140 Pa. Superior Ct. 499, 13 A. (2d) 909. An examination of it compels us to conclude it is not now open to defendant-appellant to challenge the finding of mistake of fact and improper conduct, the basis upon which the board set aside the final receipt. That issue is res adjudicata.

In its original opinion of July 14, 1938, the board concluded that: “It appearing to the Board that the claimant, Frank Artac, signed the final receipt under a mistake of fact and because of improper conduct on the…