United States Coal & Coke Co. v. Gilley

Opinion of the Court by

Morris, Commissioner

Reversing.

This is a second appeal. See 296 Ky. 522, 177 S. W. 2d 877. On Gilley’s original claim the Board had adjudged him totally permanently disabled, awarding $15 per week for the statutory period. On appeal we did not consider the case on merits, but reversed and directed remand to the Board, because it had not passed on a motion to reopen, made after submission, but before award. We said the evidence as to extent of disability Was close, and under the facts set out in an affidavit, the case should have been reopened for introduction of newly…