Court of Appeals of Kentucky, 1954

Mary Helen Coal Corp. v. Layne

Mary Helen Coal Corp. v. Layne
Court of Appeals of Kentucky · Decided January 29, 1954
264 S.W.2d 259; 1954 Ky. LEXIS 658 (South Western Reporter, Second Series)

Mary Helen Coal Corp. v. Layne

Opinion of the Court

’ PER CURIAM. /

This is a motion for an appeal from a judgment-of the'Harlan Circuit 'Court sustaining an award of the Workmen’s Com*260pensation Board. The total amount of the award being less than $2,500, no written opinion is required unless an examination of the record indicates that the appeal should be granted and the judgment reversed. KRS 21.080.

Upon the authority of Kentucky Fluorspar Co. v. Wolford, 263 Ky. 471, 92 S.W.2d 753, and York v. City of Hazard, 301 Ky. 306, 191 S.W.2d 239, we think the injury was compensable.

We also conclude that there was sufficient evidence to sustain the finding of the Board that appellee’s injury resulted in 5% permanent partial disability to the body as a whole.

The motion for appeal is overruled and the judgment is affirmed.

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