274 Pa. 305 | Pa. | 1922
Opinion by
This is an appeal from the confirmation by the court below of an award by the Workmen’s Compensation Board. Claimant’s husband, Clinton Wells, was employed as a lumberman by the firm of Frutchey & Horton, manufacturers of ties and props. In addition to his daily wage he was to receive one-third of the profits from the operation, if any, without any engagement to share the losses or obligations incident thereto. He was not a copartner.
When the claim petition was filed, notice was given the employers, who, in turn, notified appellant, the Travelers Insurance Company. This company voluntarily intervened in right of the employers, and filed an answer wherein the fact of employment, as well as liability to compensate for the injury, was denied. The only defense to the claim before the referee and the board was, deceased was not an employee within the meaning of the act, and that the award did not accord with the findings of fact.
Insurance carriers are not permitted to limit their risks without due observance of the acts in relation thereto; however, we do not here determine they could limit the risk as here stated. What we decide is that, the referee having found claimant’s husband was an employee injured in the course of employment, and there being nothing on the record that can be reviewed raising
Decree affirmed, at cost of appellant.