Black v. Tichenor

MILLIKEN, Judge.

In Miller v. Scott (1960), Ky., 339 S.W.2d 941, we held that acceptance of the Workmen’s Compensation Act precludes suits by an employee against a fellow employee for injuries arising out of and in the course of their employment. The issue here is whether the appellee’s injuries arose out of and in the course of his employment. We conclude that they did, and that the $3,275.93 judgment in a tort action which he has obtained against the appellant, his fellow employee, must be reversed.

The appellee, John A. Tichenor, apparently filed no claim for compensation with the Workmen’s…