Barckhoff v. Westmoreland Coal Co.

Opinion by

Ross, J.,

In this workmen’s compensation case, the claimant on June 28,1941, while in the course of his employment as a motorman in defendant’s coal mine, sustained a fractured pelvis. Thereafter he and the defendant entered into an open agreement which provided for compensation for total disability. On June 1,1944, the defendant filed a petition to terminate, averring “That the disability sustained by the claimant on June 28, 1941, has decreased to such an extent that he is now able as of June 1, 1944, to perform all the duties of the occupation at which he was injured”. After an…