Davis v. State Compensation Commissioner

AYoods, Judge:

Velvie M. Davis appeals from a finding of the compensation commissioner, after a statutory hearing, that the death of her husband, James E. Davis, on January 1, 1932, was not due to an injury received in the course of and resulting from his employment.

The claim is based on the theory that the hemorrhage causing death resulted from a strain received in the mine just before quitting time on the afternoon of December 21, 1931, while Davis and John McCave, a cousin or brother-in-law, were attempting to balance a six-ton motor on the track with a rail. McCave, who testified to the…