Chelden Radio Cab Co. v. Workmen's Compensation Appeal Board

Opinion by

Judge Wilkinson,

The issue in this case is whether it was error as a matter of law for the Workmen’s Compensation Appeal Board to affirm the finding of the referee that claimant-appellee’s decedent was within the course of his employment at the time of his death. We find that it was not error.

Claimant-appellee’s decedent was a cab driver for employer-appellant. His regular working hours were 5:00 p.m. to 2:30 a.m. However, it was not unusual for him to ask and receive permission to continue on duty until 6:00 a.m., which he had done on this night. At approximately 3:00 a.m., decedent…