Blue Diamond Coal Co. v. Creech

WADDILL, Commissioner.

The appeal is from a judgment which set aside an order of the Workmen’s Compensation Board denying dependency benefits to appellees Gladys Creech and her children. The board had found that the death of her husband, Ernest Creech, did not arise in the course of his employment as a shuttle car driver with appellant, Blue Diamond Coal Company.

The company had been experiencing labor difficulties for several months prior to Creech’s 'death. However, Creech, a regular employee, refused to honor the picket line. Near the only open entrance leading into the company’s property…