[Download] "Blue Bird Mining Co. v. Litteral" by Court Of Appeals Of Kentucky ~ eBook PDF Kindle ePub Free
eBook details
- Title: Blue Bird Mining Co. v. Litteral
- Author : Court Of Appeals Of Kentucky
- Release Date : January 23, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
SIMS, Justice. This appeal involves the construction of KRS 342.200 concerning notice by an injured employee to his employer as a condition precedent to asserting a claim under the Workmen's Compensation Act. The referee in a rather elaborate opinion held the employer did not have 'due and timely notice of the accident and injury', and denied compensation. On a review by the full Board the findings of the referee were sustained. On an appeal to the Knott Circuit Court the chancellor found that as the accident happened in the presence of a foreman and as the injured employee was treated by the company's camp physician, the statute did not require appellee to give notice of the accident and his resultant injuries, and remanded the case to the Board to determine the extent and duration of disability and to fix an award to which appellee is entitled There is no conflict in the testimony as to the accident and injury occurring in the presence of appellant's foreman (if he was a foreman), or as to appellee being treated by the company's camp physician a few days after the accident, therefore, the finding of fact by the Board that the company did not have notice of the accident and injuries in reality is a finding of law which may be reviewed by the courts. Bates & Rogers Const. Co. v. Allen, 183 Ky. 815, 210 S.W. 467; Chatfield v. Jellico Coal Mining Co., 205 Ky. 415, 265 S.W. 943; Diamond Block Coal Co. v. Sparks, 209 Ky. 73, 272 S.W. 31. On the afternoon of Oct. 7, 1948, while loading coal from a chute, Litteral was struck on the head by a lump of coal 'about the size of your first', which jumped over a protective screen when a load of coal was dumped into the chute. He was wearing a helmet but the coal fell from a height of over twenty feet and knocked the helmet from his head. Litteral was asked by Sam McIntosh, who was in charge of the crew, if he was hurt, and he made this reply, 'No more than just about knocked my brains out'.
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