Leidig v. Modern Home Appliance Co.

Wingerd, P. J.,

This is an appeal from the award of the Workmen’s Compensation Board affirming the award of the referee, based upon exceptions to certain findings of fact and conclusions of law of the referee, affirmed by the compensation board. The contention is that there is no sufficient evidence in the record to support the finding that claimant was an employe of defendant within the meaning of section 104 of The Workmen’s Compensation Act of June 21, 1939, P. L. 520, as amended, which excludes persons *328“whose employment is casual in character and not in the regular course of the business…