Red Jacket Consolidated Coal & Coke Co. v. State Compensation Commissioner

Maxwell, Judge:

Jose Pillado Garcia was killed in Mingo County in a mine of the Red Jacket Consolidated Coal & Coke Company April 29, 1930, while engaged in his duties as a coal loader for said company. Compensation was awarded his dependents and the company appeals.

In support of its challenge of this award the appellant takes the position that at the time of his fatal injury Garcia was guilty of violation of the mining laws of the state and of the rules of the company, and that his manner of procedure was willful misconduct. All of which elements arose because, it is said, at the time of his…