From Casetext: Smarter Legal Research

Wallins Creek Collieries Co. v. Cole

Court of Appeals of Kentucky
Feb 4, 1927
290 S.W. 1049 (Ky. Ct. App. 1927)

Opinion

Decided February 4, 1927.

Appeal from Harlan Circuit Court.

A.G. PATTERSON for appellant.

POPE HUFF for appellee.


Reversing.

The appellee was denied compensation by the Workmen's Compensation Board and he appealed to the Harlan circuit court. That court set aside the finding of fact made by the board and entered a judgment awarding appellee compensation at the rate of $15.00 per week for eight years, the total compensation not to exceed $6,000.00. In his petition for review filed in the circuit court appellee charged that the order entered by the board was procured by fraud. No evidence was introduced, however, as to fraud, and the only question left for consideration is whether there is any evidence to warrant the board's finding of fact.

The finding of fact by the board is conclusive and binding on the courts if there is any competent evidence to support it. Section 4935, Kentucky Statutes; Darby Harlan Coal Company v. Fee, 214 Ky. 470, 283 S.W. 438; Coleman Mining Company v. Wicks, 213 Ky. 134, 280 S.W. 936; Smith v. Standard Sanitary Manufacturing Company, 211 Ky. 454, 277 S.W. 806.

The compensation board found, in effect, that appellee's physical condition was due to pre-existing disease and not to an injury resulting from an accident that arose out of and in the course of his employment. Two physicians, who examined appellee a short time after he claimed the accident occurred, testified there was no evidence that appellee had received any injury. They further testified that his condition was the result of disease not caused by traumatic injury. There is considerable evidence tending to show that appellee's physical condition is the result of traumatic injury by an accident which arose out of and in the course of his employment. However, there is some evidence to warrant the finding of fact made by the board, and the circuit court was without jurisdiction to modify or set aside the board's order.

Judgment reversed, with directions to dismiss the petition.


Summaries of

Wallins Creek Collieries Co. v. Cole

Court of Appeals of Kentucky
Feb 4, 1927
290 S.W. 1049 (Ky. Ct. App. 1927)
Case details for

Wallins Creek Collieries Co. v. Cole

Case Details

Full title:Wallins Creek Collieries Company v. Cole

Court:Court of Appeals of Kentucky

Date published: Feb 4, 1927

Citations

290 S.W. 1049 (Ky. Ct. App. 1927)
290 S.W. 1049

Citing Cases

Woodford Oil Gas Co. v. Creech

"In the recent case of Trout v. Fordson Coal Co., 225 Ky. 372, 9 S.W.2d 109, the identical question here…

Vires v. Dawkins Log Mill Company

The finding of the board to that effect was supported by evidence, and, in that situation, the result reached…