Roach v. Oswald Lever Co.
Roach v. Oswald Lever Co.
Opinion of the Court
Opinion by
The plaintiff, Francis Roach, while in the employ of the Oswald Lever Co., defendant, was injured by falling from a ladder, and brought this proceeding under the Workmen’s Compensation Act. An award in his favor by the referee was approved by the compensation board and, from its affirmance by the court below, defendants (the insurance carrier having joined as one) brought this appeal.
Section 314 of the Workmen’s Compensation Act of June 2, 1915, P. L. 736, 747, provides, inter alia; “At any time after an injury, the employee, if so requested by his employer, must submit himself for examination, at some reasonable time and place, to a physician or physicians legally authorized to practice under the laws of such place, who shall be selected and paid by the employer. . . . The [compensation] board may at any time after such first examination, upon petition of the employer, order the employee to submit himself to such further examinations as it shall deem reasonable and
The assignments of error are overruled and the order of the court below is affirmed.
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- Workmen’s compensation — Appeals—Evidence—Record—Review on appeal — Acts of June 2,1916, P. L. 786, and June 26,1919, P. L. 61$ — Physical examination of claimant — Discretion of referee— Abuse — Appeals—Award—Interlocutory order. 1. While under the Act of Jime 26, 1919, P. L. 642, amending the Workmen’s Compensation Act of June 2, 1915, P. L. 736, the appellate court has the entire record before it, its revisory powers are limited to a determination of the question whether there is evidence to support the findings, and whether the law has been properly applied to them. 2. A finding that a workman was totally disabled as the result of a brain lesion caused by an accident, will be sustained, where three physicians, one a nerve specialist, testified that, in their opinion, claimant’s disability resulted from the accident, and the opinion was strengthened by the fact that one seemed to follow the other almost immediately. 3. Where a claimant for compensation for physical disability has twice submitted himself for physical examination at the instance of defendant, the referee, in the exercise of a sound discretion, may refuse to order a further examination of such character. The action of the referee will not be reversed, where no abuse of discretion is shown. 4. If he refuses the order, and an appeal is taken therefrom to the compensation board, the referee may proceed to a hearing of the ease on its merits, pending such an appeal, inasmuch as the appeal is interlocutory in character. 5. The appeal which any party in interest may take to the board, within ten days after notice, is from the award or disallowance of compensation, and not from interlocutory orders.