Clay Coal Corp. v. Abner

WILLIAMS, Judge.

Appellee Anderson Abner, 23 years of age, sustained an injury to his back on October 2, 1962, as a result of pushing a two-ton coal car in appellant Clay Coal Corporation’s mine. The Workmen’s Compensation Board made an “open-end” maximum award to appellee based on a finding that he was totally disabled. This appeal is from a judgment of the Clay Circuit Court affirming the award.

The first alleged error is that the Board awarded compensation in a greater amount than that shown by the evidence. The only testimony in the record as to appellee’s wages is as follows:

“Q 140. What…