Department of Highways v. McCoy

Opinion of the Court by

Chief Justice Rees — ■

Affirming.

The appellee Nathan T. McCoy, an employee of the Department of Highways of the Commonwealth of Kentucky, suffered a hernia on October 27, 1943, in an accident which arose out of and in the course of his employment. Both the employer and the employee had accepted the provisions of the Workmen’s Compensation Act. KRS 342.001 et seq. It is conceded that appellee is totally disabled, and that the hernia is not presently operable by reason of the fact that he is now suffering from pulmonary tuberculosis. McCoy filed his claim with the…