Furnace Coal Mining Company v. Carroll

• Court: Supreme Court of Kentucky
• Writing for the Court: Judge Dietzman
• Citation: Furnace Coal Mining Company v. Carroll, 212 Ky. 1, 278 S.W. 171 (Ky. 1925)
• Decision Date: 02 October 1925
• Parties: Furnace Coal Mining Company v. Carroll.

Page 1

212 Ky. 1

Furnace Coal Mining Company v. Carroll.

Court of Appeals of Kentucky.

Decided October 2, 1925.

Master and Servant — Compensation Board's Fact Findings on Evidence Conclusive. — Findings of fact by Workmen's Compensation Board, where there is no claim of fraud, are conclusive on circuit court, unless there is entire absence of evidence to support them.

Appeal from Pike Circuit Court.

WILLIAM M. DUFFY for appellant.

D.H. HATCHER for appellee.

OPINION OF THE COURT BY JUDGE DIETZMAN.

Reversing.

On December 8th, 1922, appellee's husband was hurt in the coal mines of the appellant by a large block of slate which fell on his leg and broke it and which also injured his back and crotch. On January 14th following, while in the hospital being treated for his broken leg, he died. Appellee, in due time, made application to the Workmen's Compensation Board for compensation for her husband's death. The compensation board found that his death was due to heart trouble, which was not occasioned in any way by the injuries he had sustained in the accident referred to and declined to allow appellee any compensation for such death. She appealed to the Pike circuit court, which reversed the award of the compensation board on the ground that it was of the opinion that appellee's husband "died from injuries received while working in the mines" of appellant. Appellant appeals from this judgment of the circuit court.

It is well settled that the findings of fact by the Workmen's Compensation Board,...