McWilliams v. Southern Bleachery & Print Works

Baker, Chief Justice.

In this appeal from an order of the Circuit Court confirming an award of the Industrial Commission for the death of an employee, the only question which we find it necessary to decide is whether, under the provisions of Section 38 of the Workmen’s Compensation Act, Code 1942, Sec. 7035-41, the employee died “while total disability” continued. For the purposes of this case it is assumed that death resulted proximately from injuries arising out of and in the course of the employment of the employee. The statutory provision in question is as follows: “If death results…