Hunter v. Turner Elkhorn Mining Co.

PALMORE, Judge.

This is an appeal by the widow and ad-ministratrix of a deceased coal miner from a judgment affirming a denial of workmen’s compensation for his disability and death.

The decedent, Charles Henry Hunter, filed a compensation claim on March 28, 1967, stating that he had become affected by the occupational disease of silicosis on February 27, 1967. He died on April 28, 1967, whereupon the appellant was substituted as claimant.

Hunter was 53 years of age when his claim was filed. According to Mrs. Hunter’s testimony he began to have smothering spells and chest pains in December of…