Spurgeon v. Blue Diamond Coal Co.

DAVIS, Commissioner.

In this workmen’s compensation proceeding a novel question is presented as to whether the employee’s injuries arose out of and in the course of his employment, as required by KRS 342.005. The Board and the circuit court ruled that the accident did not arise out of and in the course of appellant’s employment and dismissed his claim for compensation. By this appeal he seeks reversal of that adjudication.

The substantial facts are undisputed. Appellant was a section foreman for Blue Diamond Coal Company and had served in that capacity for some time before the injury. His…