Workmen's compensation — Practice — Rehearing — After-discovered evidence — Discretion of board.
In a workmen's compensation proceeding, in which it appeared that defendant's petition to terminate an agreement of compensation was dismissed by the board; that a petition by defendant for a rehearing, averring that prior to the hearing the claimant had worked at various jobs for which he was paid, was also dismissed by the board; that in its petition for a rehearing defendant had not averred that its alleged knowledge as to claimant's work was obtained after the hearing or that even by the exercise of ordinary diligence it could not have presented this evidence at the hearing, an order of the common pleas dismissing an appeal by defendant from the decision of the board, on the ground that the action of the board was not, under the circumstances, an abuse of discretion, was affirmed on appeal.
Argued March 16, 1938.
PER CURIAM, April 13, 1938:
The order of the court below is affirmed on the opinion of Judge PALMER.