Collier v. Wright

CourtUnited States State Supreme Court (Kentucky)
Writing for the CourtWILLIAMS
Citation340 S.W.2d 597
PartiesHerman COLLIER, DBA Herman Coal Company, et al., Appellants, v. Joshua WRIGHT, Appellee.
Decision Date28 October 1960

Page 597

340 S.W.2d 597
Herman COLLIER, DBA Herman Coal Company, et al., Appellants,
v.
Joshua WRIGHT, Appellee.
Court of Appeals of Kentucky.
Oct. 28, 1960.

J. W. Craft, Jr., Hazard, for appellants.

Joseph Kuczko, Norton, Va., French Hawk, Whitesburg, for appellee.

Page 598

WILLIAMS, Judge.

The appellee, Joshua Wright (hereinafter referred to as employee) filed application before the Workmen's Compensation Board claiming disability occasioned while working for the appellant, Herman Collier, doing business as Herman Coal Company (hereinafter referred to as employer). The application was made on the standard form furnished by the Board and was sworn to by employee. The employer did not file an answer, denial or special defense. The case was assigned to a referee who heard proof and made recommendation to the Board. The Board dismissed the claim of employee on the ground that there was no evidence that either of the parties was operating under the provisions of the Workmen's Compensation Act, KRS 342.001 et seq., at the time of the accident or injury. Appeal was taken to the Letcher Circuit Court, which court reversed the opinion and order of the Board and remanded the case with directions that each party be given a reasonable time to introduce proof on the question whether they had elected to come under the provisions of the Workmen's Compensation Act, and in the event that fact was established that the case be resubmitted to the Board for a determination of the disability, if any, suffered by employee, and for the entry of an opinion and award consistent therewith. This appeal results.

At the outset it must be noted that the employer did not enter into any stipulation of fact with the employee as is quite often done in workmen's compensation cases, and, consequently, no fact having been agreed upon, it was incumbent upon employee to prove everything necessary to sustain his case. There was only one bit of evidence touching upon the question of whether the employer had elected to come under the provisions of the Workmen's Compensation Act. The employee was asked the following question and made the following answer:

'Q. 18. Do you know whether or not that mine, during the time you worked there, was operating under the provisions of the Kentucky Workmen's Compensation Act?

'A. I don't know whether it was or not.'

It has long been determined that the burden of proving by competent evidence all facts necessary to establish a claim for...

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6 practice notes
  • Gateway Const. Co. v. Wallbaum
    • United States
    • United States State Supreme Court (Kentucky)
    • February 9, 1962
    ...closes that avenue of relief under KRS 342.395. The claimant has the burden of showing coverage under the Act. Collier v. Wright, Ky., 340 S.W.2d 597. Wallbaum, therefore, insists that he is a so-called 'statutory employee' of Gateway, the principal contractor, under KRS 342.060, referred t......
  • Traugott v. Va. Transp., No. 2010–SC–000696–WC.
    • United States
    • United States State Supreme Court (Kentucky)
    • June 16, 2011
    ...findings of fact before appealing). 3. 293 Ky. 463, 169 S.W.2d 311 (1943). 4. 294 S.W.2d 507 (Ky.1956). FN5. Collier v., Wright, 340 S.W.2d 597 (Ky.1960); Eck Miller Transportation Corp. v. Wagers, 833 S.W.2d 854 (Ky.App.1992). FN6. Special Fund v. Francis, 708 S.W.2d 641, 643 (Ky.1986). FN......
  • Kentucky State Racing Commission v. Newton
    • United States
    • United States State Supreme Court (Kentucky)
    • June 28, 1968
    ...Following that quotation the Board cited Miracle v. Harlan Wallins Coal Corporation, 311 Ky. 169, 223 S.W.2d 738; Collier v. Wright, Ky., 340 S.W.2d 597; and Bays v. Indian Hills Country Club, Ky., 377 S.W.2d 86. The only finding of fact made by the Board 'That the plaintiff has failed to e......
  • Ashland Tree Experts, Inc. v. Smith
    • United States
    • United States State Supreme Court (Kentucky)
    • March 22, 1963
    ...a finding that the parties to a Workmen's Compensation proceeding are subject to the provisions of the Act. Collier v. Wright, Ky.1960, 340 S.W.2d 597. In Harvey Coal Corp. v. Morris, 1951, 314 Ky. 781, 237 S.W.2d 70, evidence that the employer had settled a previous compensation claim and ......
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6 cases
  • Gateway Const. Co. v. Wallbaum
    • United States
    • United States State Supreme Court (Kentucky)
    • February 9, 1962
    ...closes that avenue of relief under KRS 342.395. The claimant has the burden of showing coverage under the Act. Collier v. Wright, Ky., 340 S.W.2d 597. Wallbaum, therefore, insists that he is a so-called 'statutory employee' of Gateway, the principal contractor, under KRS 342.060, referred t......
  • Traugott v. Va. Transp., No. 2010–SC–000696–WC.
    • United States
    • United States State Supreme Court (Kentucky)
    • June 16, 2011
    ...findings of fact before appealing). 3. 293 Ky. 463, 169 S.W.2d 311 (1943). 4. 294 S.W.2d 507 (Ky.1956). FN5. Collier v., Wright, 340 S.W.2d 597 (Ky.1960); Eck Miller Transportation Corp. v. Wagers, 833 S.W.2d 854 (Ky.App.1992). FN6. Special Fund v. Francis, 708 S.W.2d 641, 643 (Ky.1986). FN......
  • Kentucky State Racing Commission v. Newton
    • United States
    • United States State Supreme Court (Kentucky)
    • June 28, 1968
    ...Following that quotation the Board cited Miracle v. Harlan Wallins Coal Corporation, 311 Ky. 169, 223 S.W.2d 738; Collier v. Wright, Ky., 340 S.W.2d 597; and Bays v. Indian Hills Country Club, Ky., 377 S.W.2d 86. The only finding of fact made by the Board 'That the plaintiff has failed to e......
  • Ashland Tree Experts, Inc. v. Smith
    • United States
    • United States State Supreme Court (Kentucky)
    • March 22, 1963
    ...a finding that the parties to a Workmen's Compensation proceeding are subject to the provisions of the Act. Collier v. Wright, Ky.1960, 340 S.W.2d 597. In Harvey Coal Corp. v. Morris, 1951, 314 Ky. 781, 237 S.W.2d 70, evidence that the employer had settled a previous compensation claim and ......
  • Request a trial to view additional results

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