Tunstall v. Blue Diamond Coal Co.

MONTGOMERY, Judge.

The sole issue on the appeal is whether there was substantive evidence to support the holding of the Workmen’s Compensation Board that F. L. Tunstall had failed to give due and timely notice to Blue Diamond Coal Company of his alleged occupational disease. The circuit court judgment affirmed a denial of benefits by the Board and its referee.

Appellant had worked for Blue Diamond about fifteen years. His employment was terminated on March 29, 1957. He gave notice on November 11, 1957, that he had an occupational disease, contact dermatitis.

The first indication of the disease…