Inland Steel Company v. Johnson

2 Citing cases

  1. Rogers v. Deposit Service Corp.

    410 S.W.2d 621 (Ky. Ct. App. 1967)   Cited 3 times

    The testimony being in sharp conflict, the award will not be disturbed if supported by substantial evidence. Tyler-Couch Const. Co. v. Elmore, Ky., 264 S.W.2d 56, and Inland Steel Company v. Johnson, Ky., 336 S.W.2d 581. Appellant recognized the limitations of his right of appellate review but stoutly maintains that the evidence of Dr. McCrocklin on appellant's behalf is "uncontradicted" by appellee's medical witnesses and cites Sullivan v. Foster Creighton Company, Ky., 394 S.W.2d 917 (1965). We do not so interpret the appellee's evidence.

  2. Rowland v. Geary-Wright Tobacco Company

    344 S.W.2d 824 (Ky. Ct. App. 1961)   Cited 3 times

    The Workmen's Compensation Board found that the appellant had not met the burden of proving that his change of condition resulted from the injury of December 31, 1955. That finding is categorically supported by the opinion of Dr. Yocum. A choice between conflicting medical opinions is a finding of fact. Terry v. Associated Stone Co., Ky. 1960, 334 S.W.2d 926, 928. It has been said many times by this court that on questions of fact its judgment cannot be substituted for that of the board if the latter is supported by substantial evidence of probative value. See City of Prestonsburg v. Gray, Ky. 1960, 341 S.W.2d 257, 260; Inland Steel Co. v. Johnson, Ky. 1960, 336 S.W.2d 581, 582; and cases collected under Workmen's Compensation, 1939, West's Kentucky Digest. The judgment is affirmed.