Cudo v. Hallstead Foundry, Inc.

OPINION OF THE COURT

LARSEN *, Justice.

The issue in this case is whether after discovered evidence, as that term is used by the courts when considering a motion for a new trial, is the only basis upon which the Workmen’s Compensation Appeal Board (Board) may grant a rehearing.

Lewis Cudo (decedent) was an employee of Hallstead Foundry, Inc. (employer) for 22 years. For the five years preceding his death, decedent worked as a grinder, which position involved standing in a booth, grinding and turning metal castings weighing between 25 and 150 pounds. On May 17, 1979, decedent performed his normal…