Ferraro v. Pittsburgh Terminal Coal Corp.

Cunningham, J.,

Opinion by

The broad and fundamental question of law involved under this appeal in a workmen’s compensation case is whether the claimant has met the burden of proving by substantial and competent evidence that his disability was caused by an “injury by an accident in the course of his employment” (within the meaning of Section 301 of our Workmen’s Compensation Act of June 2, 1915, P. L. 736, 77 PS §411), rather than by the presence of certain conceded spinal deformities and the natural progress of a preexisting osteo-arthritis.

The referee made an award for total disability; the…