Beahan v. Workmen's Compensation Appeal Board

Dissenting Opinion by

Judge Babbieri :

Most respectfully, I must dissent. The referee’s finding that Claimant’s injury was suffered “in the course of, and was related to, his employment” is supported by evidence which the referee as the trier of fact could rightfully accept. In accepting the Board’s reversal based upon its contrary findings, the majority states: “ [t]he Board found that the Claimant *545chose to take the discs home for personal reasons, and did so for his own convenience rather than that of the Employer.”

Since, in my view, whether Claimant’s acts were for personal reasons or for…