Harlan Collieries Co. v. Smith

CULLEN, Commissioner.

Harlan Collieries Company, former employer of Arthur G. Smith, appeals from a judgment of the Circuit Court which affirmed an order of the Workmen’s Compensation Board awarding Smith compen*68sation for total permanent disability from silicosis.

The appellant concedes that there was sufficient evidence that Smith has silicosis but maintains that the evidence does not show Smith to be disabled within the meaning of the workmen’s compensation law as interpreted by this Court.

Smith, age 61, had worked in the mines for 38 years. At the time he sought compensation he was not…