265 Pa. 519 | Pa. | 1920
Opinion by
This is an appeal by an insurance carrier, as intervening defendant, from judgment affirming an award for
“Persons whose employment is casual in character and not in the regular course of the business of the employer” are excluded from the Workmen’s Compensation Act: Article I, Section 104, P. L. 1915, p. 736; but we cannot adopt the suggestion that this case comes within the exception. Putting out mine fires is as much in the regular course of the business as clearing passageways or pumping water. There are two necessary elements to constitute the exception: (1) the employment
We have considered the case upon the referee’s findings of facts, as approved by the compensation board, and have not regarded the additional facts stated in the opinion of the latter. As there was no hearing de novo the compensation board could not properly go outside of the facts found by the referee, unless agreed upon by the parties: Gurski v. Susquehanna Coal Company, supra.
The assignments of error are overruled and the judgment is affirmed at the costs of appellant.