Balitski v. Springfield Coal Co.

McCann, P. J.,

— This is an appeal from the decision of the Workmen’s Compensation Board, in which it reversed the findings of fact, conclusions of law, and order of Referee Schwing. There is but one question involved in the case as it now appears before us, and that is whether or not notice was given within 48 hours after the occurrence of the accident.

The Pennsylvania Workmen’s Compensation Act of June 21, 1939, P. L. 520, sec. 306(h), provides:

“Hernia shall be considered as a physical weakness or ailment, which ordinarily develops gradually, and shall not be compensable, unless…