Salyers v. G. & P. Coal Co.

NEIKIRK, Judge.

Elzie Salyers, a sixty-one-year-old mine foreman for G. & P. Coal Company, filed with the Workmen’s Compensation Board a claim for compensation, which was denied. The Breathitt Circuit Court affirmed the order of the Board. It is from this judgment that Salyers appeals. We affirm.

The appellant, during a lunch break, climbed into a fifty- to sixty-foot coal chute of about 50% slope supposedly to punch out coal through the chute doors. The chute was used to load trucks with coal. It was not uncommon for coal to become lodged in the chute, making it necessary for an employee to…