Mary Helen Coal Corp. v. Hensley

CourtCourt of Appeals of Kentucky
Writing for the CourtSTANLEY, C.
Citation237 Ky. 348,35 S.W.2d 533
PartiesMARY HELEN COAL CORPORATION v. HENSLEY.
Decision Date10 February 1931

35 S.W.2d 533

237 Ky. 348

MARY HELEN COAL CORPORATION
v.

HENSLEY.

Court of Appeals of Kentucky

February 10, 1931


Appeal from Circuit Court, Harlan County.

Proceedings under the Workmen's Compensation Act by J. J. Hensley, employee, opposed by the Mary Helen Coal Corporation, employer. From a judgment approving an award of the Workmen's Compensation Board, the employer appeals.

Affirmed.

A. G. Patterson, of Pineville, for appellant.

J. S. Golden, of Pineville, for appellee.

STANLEY, C.

The appeal is from a decision approving an award of the Workmen's Compensation Board to the appellee, J. J. Hensley, for injuries sustained while employed by the appellant in its mine. A question of practice is to be first considered.

At the special September, 1930, term of the Harlan circuit court, the defendant's motion for a new trial was overruled, and it was given until the tenth day of the regular November term in which to file its bill of exceptions. Such a bill was prepared and filed on the ninth day of that term. The appellee has moved this court to strike the bill of exceptions from the record on the ground that the regular October term of that court had intervened, and, under section 334 of the Civil Code of Practice, the right to extend the time for filing a bill of exceptions is limited to a day in the next succeeding term. The motion should be sustained if a bill of exceptions is necessary in the case.

The Legislature vested in the Workmen's Compensation Board exclusive original jurisdiction over claims within the purview of the act. (Ky. St. §§ 4880-4987). Black [35 S.W.2d 534] Mountain Coal Corporation v. Murphy, 218 Ky. 40, 290 S.W. 1036. Section 4935 of the Statutes provides for a review of its action by the circuit court, which is restricted to the record certified to it by the board, except upon an allegation in the petition for review of fraud or misconduct of some person engaged in the administration of the act and affecting the decision of the board. The circuit court may hear additional evidence with respect to that charge. Nelson v. Kentucky River Stone & Sand Co., 182 Ky. 317, 206 S.W. 473; Workmen's Compensation Board v. Abbott, 212 Ky. 128, 278 S.W. 533, 47 A. L. R. 789. The scope of review by this court is likewise confined by section 4936. It is provided that: "The procedure as to appeal to the court of appeals shall be the same as in civil actions, so far as the same may be applicable to and not in...

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7 practice notes
  • Consolidation Coal Co. v. Burns
    • United States
    • Court of Appeals of Kentucky
    • November 19, 1935
    ...the competent, relevant evidence. Hence, it should not have been disturbed by the circuit court. Mary Helen Coal Corporation v. Hensley, 237 Ky. 348, 35 S.W.2d 533; Mary Helen Coal Corporation v. Hooker, 237 Ky. 346, 35 S.W.2d 535; Kentucky & West Virginia Power Co. v. Terry, 238 Ky. 187, 3......
  • Elkhorn Coal Co. v. Stout
    • United States
    • Court of Appeals of Kentucky
    • January 29, 1943
    ...necessary where no evidence was heard by the court in the instances provided for by the act. Mary Helen Coal Corporation v. Hensley, 237 Ky. 348, 35 S.W.2d 533; Clover Fork Coal Co. v. Scoggins, 263 Ky. 424, 91 S.W.2d 543. The judgment is reversed and remanded for consistent proceedings. ...
  • Kabai v. Majestic Collieries Co.
    • United States
    • Court of Appeals of Kentucky
    • March 9, 1943
    ...If this should be determined in the affirmative, we will be impelled to affirm the judgment. Mary Helen Coal Corporation v. Hensley, 237 Ky. 348, 35 S.W.2d 533; Wakenva Coal Company v. Combs, 232 Ky. 546, 24 S.W.2d 275; Wallins Creek Colliery Company v. Cole, 218 Ky. 116, 290 S.W. 1049. Sev......
  • Black Mountain Corp. v. Dean
    • United States
    • Court of Appeals of Kentucky
    • October 25, 1938
    ...the injury. See, also, Stearns Coal & Lumber Company v. Duncan, 258 Ky. 346, 80 S.W.2d 4; Mary Helen Coal Corporation v. Hensley, 237 Ky. 348, 35 S.W.2d 533. Where there is any competent proof of probative value upon which an award may be based, the findings of the board thereunder are conc......
  • Request a trial to view additional results
7 cases
  • Consolidation Coal Co. v. Burns
    • United States
    • Court of Appeals of Kentucky
    • November 19, 1935
    ...the competent, relevant evidence. Hence, it should not have been disturbed by the circuit court. Mary Helen Coal Corporation v. Hensley, 237 Ky. 348, 35 S.W.2d 533; Mary Helen Coal Corporation v. Hooker, 237 Ky. 346, 35 S.W.2d 535; Kentucky & West Virginia Power Co. v. Terry, 238 Ky. 187, 3......
  • Elkhorn Coal Co. v. Stout
    • United States
    • Court of Appeals of Kentucky
    • January 29, 1943
    ...necessary where no evidence was heard by the court in the instances provided for by the act. Mary Helen Coal Corporation v. Hensley, 237 Ky. 348, 35 S.W.2d 533; Clover Fork Coal Co. v. Scoggins, 263 Ky. 424, 91 S.W.2d 543. The judgment is reversed and remanded for consistent proceedings. ...
  • Kabai v. Majestic Collieries Co.
    • United States
    • Court of Appeals of Kentucky
    • March 9, 1943
    ...If this should be determined in the affirmative, we will be impelled to affirm the judgment. Mary Helen Coal Corporation v. Hensley, 237 Ky. 348, 35 S.W.2d 533; Wakenva Coal Company v. Combs, 232 Ky. 546, 24 S.W.2d 275; Wallins Creek Colliery Company v. Cole, 218 Ky. 116, 290 S.W. 1049. Sev......
  • Black Mountain Corp. v. Dean
    • United States
    • Court of Appeals of Kentucky
    • October 25, 1938
    ...the injury. See, also, Stearns Coal & Lumber Company v. Duncan, 258 Ky. 346, 80 S.W.2d 4; Mary Helen Coal Corporation v. Hensley, 237 Ky. 348, 35 S.W.2d 533. Where there is any competent proof of probative value upon which an award may be based, the findings of the board thereunder are conc......
  • Request a trial to view additional results

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