Lockhart's Guardian v. Bailey Pond Creek Coal Co.

Opinion of the Court by

Commissioner Stanley

Reversing.

To defeat recovery of compensation under the Workmen’s Compensation Act by the appellant, Helen Lockhart, through her guardian and next friend, the appellee Bailey Pond Creek Coal Company interposed the defenses that: (1) She was not the recognized illegitimate child of the deceased employee; (2) was not living with him or actually dependent upon him when he met his death; and (3) limitations. The Compensation Board disallowed the claim, and its action was approved by the circuit court on a petition for review.

On November 8, 1916, Octavia…