Fry v. Calcite Quarry Corp.

In his findings of fact in support of his award to appellant, the referee found:

“6. The Claimant and Defendant stipulated the Claimant did sustain an injury to his back as a result of the accident on January 15, 1971, and that Claimant is entitled to the benefits of the Pennsylvania Workmen’s Compensation Act because of his back injury.”

Because appellees failed to except to finding no. 6 in their appeal to the Workmen’s Compensation Board, they are precluded from arguing on appeal that appellant did not sustain a compensable injury to his back. See Walker v. Nu-Car Carriers, Inc., 164…