Miracle v. Harlan Wallins Coal Corporation

Clay, Commissioner

Affirming.

In this Workmen’s Compensation case the employee was injured and later died as the result of an accident occurring on a roadway leading to the employer’s coal mine. The Board found that the accident and injury did not arise out of and in the course of employment, and compensation was denied. The Circuit Court upheld the action of the Board.

The employee was a coal-loader employed by appellee. On the afternoon of the accident, he had left the mine portal and was on his way home from work. He was walking on a roadway leading down the mountainside which was customarily…