Wakenva Coal Co. v. Combs

• Decision Date: 28 January 1930
• Parties: WAKENVA COAL CO. v. COMBS et al.
• Court: Kentucky Court of Appeals

24 S.W.2d 275

232 Ky. 546

WAKENVA COAL CO. v. COMBS et al.

Court of Appeals of Kentucky

January 28, 1930

Appeal from Circuit Court, Perry County.

Proceeding under the Workmen's Compensation Act by Joe Combs claimant, opposed by the Wakenva Coal Company, employer. An award by the Workmen's Compensation Board was affirmed by the circuit court, and the employer appeals. Affirmed.

Faulkner & Faulkner, of Hazard, for appellant.

Roy Helm, of Hazard, for appellee.

LOGAN J.

While Joe Combs, appellee, was an employee of appellant, he, on March 27, 1927, was injured at Hazard, Ky. while running a coal cutting machine in its mines. His injuries were serious and he remained in a plaster cast for about a year. During the time that he was in the hospital appellant voluntarily paid compensation to him on the basis of temporary total disability. Before the expiration of one year immediately following the accident, appellee filed his claim before the Workmen's Compensation Board asking for an adjustment of the compensation. The case was heard before a member of the board in April, 1928, and the award made by the single member was reviewed and sustained by the whole board, on November 19, 1928. A petition for review was filed by appellant in the Perry circuit court. That court found that the award made by the Workmen's Compensation Board was correct. This appeal involves the correctness of the judgment of the circuit court.

It is first insisted by counsel for appellant that the finding of fact by the Workmen's Compensation Board, as set out in its opinion and award, is not supported by the evidence in the case. The opinion of the board in making the award stated that in September, 1927, there existed a nonunion of the bone, and that in June, 1928, there was still a nonunion, and that on June, 1929, there was still a nonunion of the bone. The board stated that with the positive fact of a nonunion of the pelvic bone and the deformities there existing it was of the opinion that the plaintiff was entitled to the full amount allowable in such cases for total permanent disabilities.

The hips and pelvis of appellee were broken as the result of the accident, and he received injuries to his chest and back. One doctor testified that he had made a careful examination of appellee at different times and that each time he found that he was totally and permanently disabled. He expressed a belief that there existed a...