Totz Coal Co. v. Creech

LATIMER, Justice.

The Totz Coal Company appeals from a judgment of the Harlan Circuit Court affirming an award of the Kentucky Workmen’s Compensation Board in favor of ap-pellee, Oscar Creech. The sole question presented here is whether or not appellee received an accidental injury arising out of and in the course of his employment for which compensation may be awarded under the Workmen’s Compensation Act, KRS 342.001 et seq.

Appellee was injured while working in the mines of appellant. At the time of injury, he was unloading “jack timbers” from-•a coal car under a low ceiling. While lifting…