Defonis v. Clinchfield Coal Corp.

This is an appeal from an award of the Industrial Commission denying a claim of Sadie Defonis to compensation under the Workmen’s Compensation Act (Acts 1918, ch. 400, p. 637, as amended; Code, 1942, secs. 1887(1) et seq.) for the death of her husband, George Defonis, who was killed August 23, 1945, by a fall of rock while he was loading coal in the course of his employment by the defendant in its mine.

The Commission based its ruling on its finding from the evidence that the claimant had b.een guilty of conduct “tantamount to desertion,” and was, therefore, not entitled to compensation as a…