Cook v. Clinchfield Coal Co.

Roy Cook, claimant, filed an application with the Industrial Commission on March 27, 1968, claiming compensation for occupational pneumoconiosis contracted in his employment with the Clinchfield Coal Company.

On the day set for the hearing on the application before a deputy commissioner claimant did not appear, although his counsel was present. The only medical evidence considered at the hearing was a report of Dr. William D. Deep, a physician seen by the claimant on his own initiative.

In dismissing claimant’s application, the deputy commissioner in his written opinion stated:

“No evidence was…