Rogers v. State Compensation Commissioner

HaymoND, Judge:

These cases involve the separate claims of Lloyd Rogers, Jr., and Wade Martin, former employees of Olga Coal Company, a corporation, for silicosis benefits. On joint motion of the attorneys representing the respective parties the cases have been consolidated and they will be dealt with in one opinion.

The legal question involved is whether an award of $1,000.00 in favor of each claimant for silicosis in the first stage is payable from the Workmen’s Compensation Fund and chargeable to the account of the employer, Olga Coal Company, or is payable from the surplus fund provided for…