Berger v. Berger

Dissenting Opinion by

Montgomery, J.:

I dissent from the action of the majority in remanding this case to the Board for further proceedings. I believe that the only issues before our Court on this appeal are questions of law which should be decided by us, regardless of the Board’s possible misapprehension of the unusual strain doctrine. The scope of appellate review in these cases has been stated as follows. Where the compensation authorities have found against the party having the burden of proof, the question on appeal is whether the Board’s findings of fact are consistent with each other and…