Carnahan v. Yocom

CATINNA, Commissioner.

The Workmen’s Compensation Board, upon a determination that Robert Carnahan was afflicted with pneumoconiosis, awarded *302him total and permanent disability benefits adjudging that such benefits be paid by the Special Fund. Upon the appeal of the Special Fund to the Clay Circuit Court, the trial judge, on motion of the Special Fund, entered a default judgment in conformity with the pleadings of the Fund and remanded the case to the Workmen’s Compensation Board for proceedings consistent with the Fund’s motion to reopen and the taking of proof.

Carnahan appeals from this…