Alva Coal Corp. v. Ealy

MONTGOMERY, Judge.

The Workmen’s Compensation Board found Sherman Ealy to have “a permanent partial disability to the body as a whole of 85% resulting from his injury of June 9, i960,” awarded compensation accordingly against Alva Coal Corporation, and dismissed the claim against the Subsequent Claim Fund. The circuit court affirmed the action of the Board. The employer’s appeal presents the question of apportionment of liability between the employer and the Subsequent Claim Fund.

Ealy sought compensation from his employer for a back injury sustained on June 9, 1960. On motion of the employer,…