44 A.2d 316 | Pa. Super. Ct. | 1945
Argued September 28, 1945.
Claimant was employed by defendant for about a year when he presented a claim under the Pennsylvania Occupational Disease Act of June 21, 1939, P.L. 566, No. 284,
An award allowing compensation to claimant would have required a finding of causation. Apker v. Crown Can Co. et al.,
Claimant had the burden of proof; and as the board's findings of fact were consistent with each other and with its conclusions of law and its order, and can be sustained without a capricious disregard of the competent evidence, the order must be affirmed.Walsh v. Penn Anthracite Mining Co.,
Claimant contends that there was sufficient evidence to sustain an award in the record. If this had been the action of the board a different question, if any, would have been presented to us.
Claimant's only assignment of error is to the order of the court below: "The findings of the Referee and the Workmen's Compensation Board are affirmed, and the appeal of the claimant is dismissed." If claimant had any complaint to the board's findings of fact, conclusions of law, and order, and alleged errors of fact or law arising therefrom, specific objections should have been made thereto. Weyant v. General RefractoriesCo.,
It is the general rule that where an appellant, as here, assigns as error only the order of the court below he thereby admits the correctness of the findings of fact, and the only question presented is whether or not the findings support the order. Lane's Appeal,
Judgment of the court below is affirmed.