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H. Smith Coal Co. v. Marshall

KY.40156; 243 S.W.2d 40 (1951)

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SIMS, Justice. Andy Marshall, a coal miner, met his death on Oct. 4, 1948, while at work in the mine of his employer, H. Smith Coal Company. The referee of the Workmen's Compensation Board, hereinafter referred to as the Board, denied compensation to his widow, Luna Marshall, and his infant dependent daughter, Lucille, upon the ground that the proof showed the husband and father died from a heart attack and not from breathing 'bad air' in the mine as they claimed. The full Board upheld the finding of the referee and the widow and daughter asked a review by the circuit court, which reversed the Board, and the Company appeals. The sole question before us is whether there is any substantial competent evidence in the record which supports the Board's finding. If there is, it must be upheld. It is so provided in KRS 342.285. The cases are legion on the subject and rather than cite any of them we refer the reader to 19 Kentucky Digest, 'Workmen's Compensation', k1939.

H. Smith Coal Co. v. Marshall
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  • 0,99 €
  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: 26 October 1951
  • Publisher: LawApp Publishers
  • Print Length: 3 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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