Westinghouse Electric Co. v. Workmen's Compensation Appeal Board

Opinion by

Judge Colins,

Westinghouse Electric Corporation (employer) appeals an order of the Workmens Compensation Appeal Board (Board) which affirmed a referees decision setting aside the final receipt executed by Donald R. Pollock (claimant) and awarding him workmens compensation benefits. We must determine whether the referee capriciously disregarded competent evidence by excluding from the record surveillance films of the claimants activities allegedly taken by the employer.

The claimant suffered a compensable injury to his lower back on April 7, 1981, while working as an assembler for the…