Legal Opinion

Donaldson v. P. J. Oesterling & Sons, Inc.

Pennsylvania Court of Common Pleas, Butler County

Decided March 16, 1962No. 68PublishedCited by 3 opinions

1Opinion of the Court

Rodgers, P. J.,

This matter comes before the court on an appeal by defendant from a decision of the workmen’s compensation board.

The referee had disallowed the claim of claimant which was based on an alleged common law marriage on the basis that no such marriage had been proven. The board reversed the referee’s finding on this point and allowed the claim.

The workmen’s compensation board has the express power and authority (Act of June 2,1915, P. L. 736, as amended, 77 PS §854) to entirely disregard and vacate a referee’s findings and substitute its own, since the referees are only the…

2Cases cited8 opinions

  1. Pierce v. PierceSupreme Court of Pennsylvania · 1946
  2. Baumann v. Howard J. Ehmke Co.Superior Court of Pennsylvania · 1936
  3. Lorigan v. W. O. Gulbranson, Inc.Superior Court of Pennsylvania · 1957
  4. Baumeister v. Baugh & Sons Co.Superior Court of Pennsylvania · 1940
  5. Bronkowski v. Colonial Colliery Co.Superior Court of Pennsylvania · 1943

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Peart v. T. D. Bross Line Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
  2. Donaldson v. P. J. Oesterling & Sons, Inc.Superior Court of Pennsylvania · 1962
  3. Claim of Helmer v. Savin Bros.Appellate Division of the Supreme Court of the State of New York · 1971

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