Parker v. Frankfort Distilling Co.
Parker v. Frankfort Distilling Co.
Opinion of the Court
Affirming.
Appellant claims to have been severely injured while unloading a carload of grain at appellee’s distillery. He filed application for adjustment, and, upon hearing before a Referee of the Board, was awarded compensation for total permanent disability. The Full Board in Review dismissed his application on two issues of fact, namely: (1) failure to prove injury in an accident arising out of or in the course of his employment; and (2) failure to show any disability, which, if he had good eyesight, would cause him to refrain from accepting any employment requiring manual labor.
Upon appeal, the Jefferson Circuit Court affirmed the findings of the Full Board and dismissed appellants application for adjustment. He prosecutes this appeal.
Appellant apparently is not unmindful of the controlling rule that the Board’s findings of'fact will not be disturbed by this court if there is any competent evidence of probative value to sustain it. It is insisted, however, that the Full Board’s findings of fact are not sustained by any competent evidence of probative value, and that the finding that appellant was not injured in am accident arising out of the- course of his employment is based, chiefly upon the negative testimony of two fellow employees, Mr. Probst and Mr. Forde. Appellant says that when he was injured two fellow employees working with him came immediately to his assistance and observed and knew of the injury. These two employees in their testimony stated that they knew nothing about an accident to appellant. It will be noted, however, that their testimony shows that they were not present at all times. Appellant insists, therefore, that merely because they did not see or know of the accident is no reason
If Mr. Parker had not injected into this testimony that answer there might be -considerably more merit in appellant’s contention. In framing the question these two employees were named specifically. In appellant’s answer he said that their statements were not true and that “when the accident happened they both run to me.”
We are confronted with the established rule that if there is any evidence of probative value to support the Board, we will not disturb. Had this Board found for appellant, we would be in no position to disturb because of the above rule. The rule works both ways. The evidence is directly in conflict. The claimant tells how it happened. These employees said it didn’t happen. On the above evidence the Board said appellant failed to prove that he was injured in an accident arising out of or in the course of his employment. We cannot disturb that finding.
Having so concluded, it becomes unnecessary to discuss the second finding of fact.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.